Some grandparents jokingly say that if they knew grandchildren were so wonderful, they would have had them first instead of children. The bond between grandchildren and their grandparents can be beautiful and mutually beneficial. Grandchildren provide a source of joy and comfort to their grandparents, while grandparents can provide social and financial resources for their grandchildren.
Grandparents may provide childcare for their grandchildren or may regularly spend time with them. They may host the family for holidays or might even let their grandchildren live with them during difficult times. The grandchildren and the grandparents benefit from regular contact with one another in such cases.
Current family dynamics can shift abruptly when the parents of the grandchildren separate or divorce. Particularly in high-conflict scenarios, grandparents may find themselves at risk of losing contact with their grandchildren. Does the law protect the rights of grandparents to maintain their relationship with their grandchildren when the parents of those grandchildren divorce?
Grandparents can request visitation rights
Some states recognize that relationships beyond standard parent-child relationships are crucial for the healthy development of young people. Indiana is one of those states. The law specifically protects the rights of grandparents who already have a relationship with their grandchildren.
Some grandparents could face alienation attempts when parents divorce or separate. For example, if their son-in-law or daughter-in-law secures sole custody, they may refuse to let the grandparents spend time with their grandchildren. Provided that there has been a legal change to the child’s family unit, grandparents can ask the courts to protect them with a formal visitation order.
So long as there is a pre-existing relationship between the grandparent and their grandchildren, the family courts may grant a grandparent the right to regular visitation. Grandparents who face opposition from the parents of the child may need proof of the pre-existing relationship and that continuing that connection is in the best interests of the children.
Asserting visitation rights as a grandparent can be difficult but may ultimately prove beneficial for everyone in a family. Regardless, when the parents of children divorce, the grandparents of those children may have the right to ask the courts to allocate reasonable visitation access to preserve their relationship with their grandchildren.
