I'm a Grandparent, and I'd like to file for visitation with my Grandchild. How can I be awarded visitation?
In order for a court to grant a petition for Grandparent Visitation, the custodians or natural parents can agree. In an opposed petition, you must first allege one of the following things:
1. The father or mother of an unmarried minor child is deceased,
2. The child's father or mother ...are divorced, legally separated, or were never married to each other;
3. The child's father or mother has been missing for not less than six (6) months;
4. The court of another state has ordered grandparent visitation;
5. The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent or parents; or
6. The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance of the relationship, this relationship was severed by the parent or parents for reasons other than abuse or presence of a danger of substantial harm to the child, and severance of this relationship is likely to occasion substantial emotional harm to the child.
There are some other findings that must be made, but these are initial steps. We'll cover the other findings later!