When we think about child custody and visitation rights, most people naturally focus on parents. However, Indiana law recognizes that other people can play vital roles in children's lives. From grandparents to step-parents to other caregivers, various “third parties” may have legal rights to maintain relationships with children. This blog will explore who these third parties are and what rights they may have under Indiana law.
Indiana treats grandparents differently from other third parties, with specific statutes dedicated to grandparent visitation rights. However, these rights are not automatic – they must meet specific criteria. Grandparents can petition for visitation rights only in certain situations such as the child’s parent is deceased, the child’s parents are divorced, and the child was born out of wedlock. Even if a grandparent qualifies under one of those scenarios, they will still need to prove that visitation serves the child’s best interests. Courts consider factors like: the pre-existing relationship between grandparent and child; the child’s wishes (considering their age and maturity); the reason the grandparent is seeking visitation; and the current parent-child relationship.
Perhaps the most significant third-party category in Indiana is the “de facto custodian.” This legal status recognizes people who have been the primary caregiver and financial supporter of a child for a significant period. To be considered a de facto custodian, you must have been the primary caregiver for at least one year for children aged three or older and at least six months for children under three. Courts also consider: whether you provided financial support; the circumstances under which you began caring for the child; the parent’s involvement during this time; and the strength of the bond you have developed with the child. A de facto custodian can seek custody of the child, request visitation, participate in custody proceedings, and have their relationship with the child considered in best interest determinations.
Step-parents often develop deep bonds with their step-children, but their legal rights can be complicated. Indiana law does not automatically grant rights to step-parents, but there are several ways they might establish legal rights such as third-party custody, de facto custodian status, and adoption. Beyond grandparents, de facto custodians, and step-parents, other third parties might seek rights to contact with children, like aunts and uncles, close family friends, former foster parents, siblings, and other relatives who have acted in parental roles. Remember that courts prioritize children's best interests above all else. Success in establishing or maintaining third-party rights often depends on demonstrating how your relationship benefits the child and why maintaining it serves their best interests.
Third-party rights in Indiana family law reflect the reality that children benefit from maintaining significant relationships beyond their parents. Whether you are a grandparent, de facto custodian, or other important person in a child's life, understanding your legal rights and responsibilities is crucial. It is important to seek representation to help you navigate the complexity of custody and visitation. The attorneys at Ciyou & Associates, P.C. have a strong background in custody and visitation matters throughout Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
