Find Legal Help in Indianapolis with a Grandparents’ Rights Attorneys
Many people look forward to being a grandparent. From passing down family traditions to their grandchild to watching their own child grow into a parent, it can be a special bonding experience full of joy and love. Sadly, this isn’t always the case for some families. Some grandparents find themselves fighting to even see their grandchildren. With the help of grandparents’ rights lawyers, it may be possible to fight for a place in the life of a grandchild, depending on the circumstances.
Call The Law Office of Deidra N. Haynes today at 317-982-7396 for answers to your grandparents’ rights questions.
The Basics of Grandparents’ Rights
In most states, grandparents do not necessarily have a legal right to their grandchildren. This is because a parent will always have the final say in who they allow around their child (unless court-ordered) as part of their parenting rights. In fact, there are Supreme Court cases to establish that parents have the final say regarding such matters as how much or even if the child sees grandparents. The bottom line is that unless parents have been deemed unfit by the state or a court of law, the parents hold all parenting decisions (such as which family members are allowed to see the child), and it will be hard to get much legal traction for grandparents. There are situations where grandparents do have legal claims to their grandchild in some states, such as if both parents die and the grandparents would like to adopt their grandchild instead of the child going into foster care.
Do Grandparents Have Visitation Rights?
In most states, grandparents do not have any legal rights regarding visitation. As stated above, it is entirely up to the parents of the child whether or not they allow other family members, including grandparents, to spend time with the child. However, in Indiana, a grandparents’ rights lawyer may be able to help under the legal precedent of the Grandparent’s Rights statute, depending on the situation. There are certain factors where this statute allows for visitation rights, such as when the child is born out of wedlock, the marriage of the parents has ended in divorce, and the parent of the child is deceased. If a case falls under these specific situations, hiring a grandparents’ rights lawyer may be a smart step in obtaining visitation with the grandchild through the legal system.
What Does a Grandparents’ Rights Lawyer Do?
Much like any other lawyer, a grandparents’ rights attorney will work on behalf of their clients to obtain their desired outcome. Grandparents’ rights lawyers will gather information, answer legal questions for clients, and present the case to the courts. While a grandparents’ rights attorney will do everything they can to compile a winning case for visitation, it will ultimately be up to the judge presiding over the case. If the judge sees no reason to award visitation rights or finds the grandparent to be a poor influence over the child, they may deny the request. A judge may also deny a visitation request for other reasons, depending on the specifics of the situation and the overall case. In the end, the judge wants what is best for the child in question, which may or may not be in contact with the grandparents. The job of the grandparents’ rights lawyer is to create a case based on facts to convince the judge it is a good idea to allow contact.
What Happens to Grandparents’ Rights in Adoption?
When a child is placed for adoption, the biological grandparents may have visitation rights in some instances. For example, if the adoption takes place where the child is adopted by a biological relative, the grandparent may be able to request visitation. This is commonly seen when both parents die, and the aunt or uncle of the child (sibling to one of the deceased parents) adopts the child. Another example of grandparents having rights after adoption would be if a child is adopted by a stepparent when the biological parents are divorced. In cases where the child is adopted outside of the biological or remarried family, grandparents do not have legal visitation rights in most states. The adoptive parents would have the final say on whether or not they allow the biological grandparents to be a part of the child’s life, but they are not legally obligated to do so.
How Much Does a Grandparents’ Rights Lawyer Cost?
The cost of a lawyer is a concern for anyone seeking legal help. It is important to keep in mind that the cost of legal counsel will vary from state to state and from firm to firm. Some grandparents’ rights attorneys may charge an hourly fee or a flat-rate fee, which you should ask about prior to hiring them. There may also be court fees to consider when planning the cost of going to court for grandparents’ rights. If you believe you have a case for asking for visitation, hiring an experienced grandparents’ rights lawyer may be crucial to winning the case. While it is still up to the judge, a knowledgeable grandparents’ rights lawyer may be worth the lawyer’s fees if it means seeing your grandchild.
We’re Ready to Fight for Your Legal Rights Today
Family is one of the most important aspects of life. We understand how emotionally upsetting it can be to lose visitation with your grandchild. Contact us today at 317-982-7396 and let experienced grandparents’ rights lawyers answer your questions about whether or not you have a case.