Grandparent Visitation in Indiana

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As a grandparent, do I have the right to see my grandchild? Attorneys are often asked this question. In Indiana, the legal response is maybe.

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Under certain circumstances, a grandparent residing in Indiana can petition a court for something called “grandparent visitation.” If one of the following is true, grandparent visitation may be appropriate:

  1. The grandchild’s parent is dead;
  2. The marriage of the grandchild’s parents has been dissolved (in other words, they are divorced); or
  3. The child was born outside of marriage. However, paternal grandparents of a child born outside of marriage can ask for grandparent visitation only if paternity has been established.

Although Indiana law permits grandparent visitation in certain circumstances, that right is limited by the United States Supreme case of Troxel v. Granville, 530 U.S. 57 (2000). Troxel emphasized the presumption that a fit parent acts in the best interests of their child, and so long as the parent is fit, a state has no grounds to question the parent’s decisions for raising their child—including decisions made about contact between that child and their grandparents.  However, where a parent is unfit, or where the parent has made a decision that is not in their child’s best interests, a trial court may grant a request for grandparent visitation.

The appropriateness of grandparent visitation is a fact-sensitive inquiry, and the facts of each case are unique. The attorneys at Ruppert & Schaefer regularly handle grandparent visitation cases and are available to discuss your situation. Call us to schedule a consultation at (317) 580-9295, your future is our concern.

 

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What a Celebration!

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Great fun was had by all at our open house last night. Lots of people stopped by and those of us who deal with names and voices on the phone finally got to put faces with them.

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There were a few uneasy moments with the M&Ms in the sun, but overall we think they held up. The only downside is that the evening went by too quickly!  We are grateful for the good friends, clients and colleagues who celebrated with us or sent well wishes.

Divorce and Your Graduate Student

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Does your daughter dream about going to medical school? Does your son envision becoming a lawyer? You may know that divorced parents can be responsible for college costs—but what about the costs of graduate school?

 The Indiana Supreme Court recently ruled that divorced parents cannot be forced to contribute to their child’s graduate-school expenses. In Allen v. Allen, divorced parents agreed that the father would be responsible for their daughter’s educational expenses. When that daughter decided to go to dental school, the father asked the Court to order the mother to contribute to the daughter’s dental-school expenses.  The Supreme Court rejected that request:

[I]ndiana is one of the few states that have a statute providing for educational expenses once a child has reached the age of majority. Most states have no law requiring divorced parents provide college expenses, and of the states that do, the majority limit payment of the expenses to a certain age.

 

“We also note that married parents have no legal obligation to pay for their children’s educational expenses beyond high school, let alone graduate school expenses,” [Justice] David wrote.

 

He ended by noting that divorced parents can still agree to pay a portion or all of their child’s graduate expenses, and that agreement can be enforceable by the court.

Even though a court cannot force parents to pay for graduate school, other issues regarding elementary, secondary, and college expenses often arise in the divorce process. The attorneys at Ruppert & Schaefer, P.C. have experience dealing with these issues and are available to discuss them with you. To make an appointment with one of our attorneys, call (317) 580-9295.

 

Divorcing the Family Dog

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Many of the employees at Ruppert & Schaefer, P.C. have pets at home—pets that they love and view as members of the family.  Clients going through a divorce often have questions about who gets to keep a beloved family pet.  Sometimes “pet parents” can come to an amicable resolution. But if you’re going through a divorce and you can’t agree, can a court order you to share “custody” of your four-legged friend? A contributor to the Indiana Lawyer recently recalled such a case:

When two women were divorcing in 2013, a New York judge agreed to hold a rare hearing on their fight over a dog. “Although Joey the miniature dachshund is not a human being and cannot be treated as such, he is decidedly more than a piece of property,” Judge Matthew Cooper wrote. The ruling was one of the first times a court had ever explained reasons for considering pets as more than property, making it influential even though Judge Cooper is a lower-court judge. The couple eventually settled their dispute out of court.

While courts may be hesitant to weigh in on animal issues, parties can frequently negotiate arrangements for their family pets. The attorneys at Ruppert & Schaefer, P.C. have experience dealing with this issue, and we are available to discuss what might be best for you and your furry friends. To make an appointment with one of our attorneys, call (317) 580-9295.

Visit these Informative Resources to learn more about Family Law & Divorce

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Filing for divorce can be a stressful and emotional process, so it is important to have all of the support you need during this difficult time. Hiring an experienced law firm to guide you through the divorce process can help reduce stress and benefit the outcome of the divorce. In getting yourself prepared for the divorce process in Indiana here are a few resources:

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Divorce Laws: http://divorce.laws.com/divorce-in-indiana

Indiana Family Laws: http://statelaws.findlaw.com/indiana-law/indiana-family-laws.html

IACP – International Academy of Collaborative Professionals: https://www.collaborativepractice.com/

Split Film: http://www.splitfilm.org/

You can find more resources within our website by clicking here.

Our law firm has over 100 years’ experience in divorce and other family law matters. This concentration enables our clients to move forward in their lives in an efficient and positive manner. Our goal is to help you face and overcome the adversities of your divorce while protecting your rights, your financial interests, your family, and your future. Call our law firm today at 317-580-9295 to schedule a consultation.