Paternity and grandparent's visitation

Indiana law distinguishes between maternal and paternal grandparents when the issue of grandparent visitation comes up in a paternity case. Paternal grandparents can seek grandparent visitation only where the father has established paternity has been established. Maternal grandparents lack that limitation. See IC 31-17-5-1.

That statute does not state how a father is to establish paternity. Reading IC 31-17-5-1 with IC 31-17-5-8 leads to the inference that a paternal grandparent may seek grandparent visitation where paternity was only established by affidavit:

Paternity proceedings; effect on visitation rights
Sec. 8. (a) This section applies to a child born out of wedlock.
(b) Visitation rights provided for in section 1 or 10 of this chapter survive the establishment of paternity of a child by a court proceeding other than an adoption proceeding.

Whether established by affidavit or by court order has an importance for how to start the case. If by affidavit, the grandparent needs to file with the court a petition for grandparent's visitation. Where established by a court order another step is needed and that is filing a motion to intervene.

For more articles on this blog about grandparent's visitation, just click the link below next to the word label.

If you have an Indiana grandparent's visitation case and need an attorney, please feel free to contact me.