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Thursday, March 07, 2013

Ind. Decisions - Supreme Court posts one this morning, re grandparent visitation

In In Re: Visitation M.L.B.: K.J.R. v. M.A.B., an 8-page, 5-0 opinion, Justice Rush writes:

A child’s relationship with his grandparents is important, and can deserve protection under the Grandparent Visitation Act. But grandparent-visitation orders necessarily impinge, to some degree, on a parent’s constitutionally protected rights. An order granting grandparent visitation must therefore include findings that address four well-settled factors for balancing parents’ rights and the child’s best interests, and must limit the visitation award to an amount that does not substantially infringe on parents’ rights to control the upbringing of their children.

In this case, the trial court’s grandparent-visitation order failed to meet either requirement. To provide the trial court with an opportunity to cure those defects, we remand for new findings and conclusions consistent with this opinion.

The opinion may serve as a primer on grandparent visitation, Troxel v. Granville, and the "four factors."

Posted by Marcia Oddi on March 7, 2013 10:28 AM
Posted to Ind. Sup.Ct. Decisions