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Family Law

Your Trusted Grandparent’s Rights Attorney in Indiana

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When Divorce or Death Puts a Grandparent's Relationship at Risk

Grandparents occupy a meaningful and often irreplaceable role in the lives of their grandchildren. When a marriage ends or a parent passes away, that relationship can be suddenly and severely disrupted. In cases where one parent is awarded sole custody, the grandparents on the non-custodial side may find themselves cut off from grandchildren they have been actively involved in raising. In other situations, a parent’s hostility toward extended family can become the barrier standing between grandparents and their grandchildren.

Indiana law does not treat grandparent visitation as an automatic right. Grandparents must petition the court, meet specific legal criteria, and demonstrate that visitation serves the best interests of the child. That process requires experienced legal guidance from a family law attorney in Evansville who understands both the statutory requirements and how Indiana courts evaluate these petitions.

Ziemer & Ziemer represents grandparents seeking visitation rights across Vanderburgh, Gibson, Posey, and Warrick counties.

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Our Approach

How Ziemer & Ziemer Handles Grandparent Visitation Cases

The Three Situations Where Indiana Law Grants Grandparent Visitation Rights

Indiana statute provides grandparents with the right to petition for visitation in three specific circumstances only. Outside of these situations, the court does not have a legal basis to grant the petition regardless of how strong the grandparent-grandchild relationship may be.

Grandparents may petition for visitation rights in Indiana when:

    • A parent of the child is deceased
    • The child’s parents were married and divorced in Indiana
    • The child was born out of wedlock — and for paternal grandparents specifically, the father’s paternity must first be legally established

If one of these three situations applies, Ziemer & Ziemer will file the petition and build the case for why visitation is in the best interests of the grandchild. Confirming that the qualifying situation exists and is properly documented before filing is the first step — a petition filed without meeting the threshold criteria will be dismissed regardless of the merits.

What the Court Considers When Evaluating a Grandparent Visitation Petition

Meeting the statutory threshold is necessary but not sufficient. Indiana courts apply a best interests standard when deciding whether to actually grant visitation, and they consider a range of factors in making that determination. Courts look at the nature and history of the relationship between the grandparent and the grandchild, the amount of meaningful contact the grandparent has had, and the positions of the child’s parents. Because Indiana law presumes that fit parents act in the best interests of their children, the court gives weight to a parent’s wishes — but that presumption is not absolute and can be overcome with the right evidence.

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WHY NOT GO IT ALONE

When a Parent Is Actively Blocking Grandparent Contact

One of the most difficult situations grandparents face is when a parent uses post-divorce hostility toward the other side of the family as a reason to cut off grandparent contact entirely. Indiana courts recognize this dynamic and take it into account when evaluating petitions. A parent who is clearly motivated by personal conflict rather than a genuine concern for the child’s welfare is not exercising the kind of parental judgment that commands judicial deference. These cases require careful documentation of the existing grandparent-grandchild relationship, the history of contact, and the circumstances surrounding the cutoff. Attempting to navigate this process without legal representation — particularly when the opposing parent has retained counsel — significantly reduces the likelihood of a favorable outcome.
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WHY NOT GO IT ALONE

When a Parent Is Actively Blocking Grandparent Contact

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One of the most difficult situations grandparents face is when a parent uses post-divorce hostility toward the other side of the family as a reason to cut off grandparent contact entirely. Indiana courts recognize this dynamic and take it into account when evaluating petitions. A parent who is clearly motivated by personal conflict rather than a genuine concern for the child’s welfare is not exercising the kind of parental judgment that commands judicial deference. These cases require careful documentation of the existing grandparent-grandchild relationship, the history of contact, and the circumstances surrounding the cutoff. Attempting to navigate this process without legal representation — particularly when the opposing parent has retained counsel — significantly reduces the likelihood of a favorable outcome.
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WHY ZIEMER & ZIEMER

Ziemer & Ziemer: Protecting Family Relationships That Matter

A Family Law Team That Understands What Is at Stake

Experience Across the Full Range of Indiana Family Law

Do Not Wait Until Contact Is Completely Lost

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