Grandparent Visitation
To:
From:
Date: June 10, 2004
Subject: Grandparent’s Visitation
MEMORANDUM
Based on the limited facts, the Johnson Superior Court should, at the least, modify the Agreed Entry between the parties that, among other things, granted Catherine McHugh (hereinafter the “grandmother”) visitation of the minor child Christopher A. Cronin (hereinafter the “child”). There is an issue as to whether the grandmother is entitled to visitation rights to the minor child and whether the bad relationship between the Alice Cronin (hereinafter the “mother”) and grandmother is a consideration in determining the child’s best interest.
Grandparents Visitation Act Indiana’s Grandparents Visitation Act (hereinafter “Act”) allows a child’s grandparent to seek visitation rights if (1) the child’s parent is deceased; (2) the marriage of the child’s parents has been dissolved in Indiana; or (3) the child was born out of wedlock. Ind. Code 31-17-5-1. The court may grant visitation rights if the court determines that visitation is in the best interest of the child. Ind. Code 31-17-5-2. The court may consider whether a grandparent has had or has attempted to have meaningful contact with the child when determining the best interests of the child. Id (emphasis added). The Act states “[a] proceeding for grandparent’s visitation must be commenced by the filing of a petition entitled, “In Re the visitation of ______”. Ind. Code 31-17-5-3 (emphasis added). The petition must, among other things, be filed by a grandparent entitled to receive visitation rights under the Act. Id. (emphasis added). Upon hearing evidence in support of and opposition to a petition filed under this chapter, the court shall enter a decree setting forth the court’s findings and conclusions. Ind. Code 31-17-5-6 (emphasis added). In the present case, the grandmother maintains visitation rights pursuant to an Agreed Entry by the parties filed with and approved by the Johnson Superior Court. The
From:
Date: June 10, 2004
Subject: Grandparent’s Visitation
MEMORANDUM
Based on the limited facts, the Johnson Superior Court should, at the least, modify the Agreed Entry between the parties that, among other things, granted Catherine McHugh (hereinafter the “grandmother”) visitation of the minor child Christopher A. Cronin (hereinafter the “child”). There is an issue as to whether the grandmother is entitled to visitation rights to the minor child and whether the bad relationship between the Alice Cronin (hereinafter the “mother”) and grandmother is a consideration in determining the child’s best interest.
Grandparents Visitation Act Indiana’s Grandparents Visitation Act (hereinafter “Act”) allows a child’s grandparent to seek visitation rights if (1) the child’s parent is deceased; (2) the marriage of the child’s parents has been dissolved in Indiana; or (3) the child was born out of wedlock. Ind. Code 31-17-5-1. The court may grant visitation rights if the court determines that visitation is in the best interest of the child. Ind. Code 31-17-5-2. The court may consider whether a grandparent has had or has attempted to have meaningful contact with the child when determining the best interests of the child. Id (emphasis added). The Act states “[a] proceeding for grandparent’s visitation must be commenced by the filing of a petition entitled, “In Re the visitation of ______”. Ind. Code 31-17-5-3 (emphasis added). The petition must, among other things, be filed by a grandparent entitled to receive visitation rights under the Act. Id. (emphasis added). Upon hearing evidence in support of and opposition to a petition filed under this chapter, the court shall enter a decree setting forth the court’s findings and conclusions. Ind. Code 31-17-5-6 (emphasis added). In the present case, the grandmother maintains visitation rights pursuant to an Agreed Entry by the parties filed with and approved by the Johnson Superior Court. The