Under Indiana Code Section 31-17-5, "Grandparent's Visitation," which has Rights for Paternal Grandparents but not for Non-Paternal Grandparents. A non-paternal grandparent may ask the court for visitation rights with a grandchild ONLY if: 1.The non-paternal grandchild’s parent(s) are/is dead or alive; 2.The marriage of the non-paternal grandchild’s parents has been dissolved (in other words, they are divorced); or 3.The child was born outside of marriage. Thus, if the non-paternal grandchild’s parents are both living and are still married to each other, the non-paternal grandparent CAN ask the court for visitation with the grandchild. Also, if the child was born outside of a marriage and paternity has not been established for the child, the non-paternal grandparent(s) CAN ask the court for visitation with the grandchild. What is a non-paternal grandparent? The non-paternal grandparent is the grandparent on the mother's side. So the non-paternal grandparents are the mother's parents. How will the court determine if it is in the best interests of the child to order non-paternal grandparent visitation? The court will consider any factors relating to the child, the parent, and the non-paternal grandparent. Specifically, the court will consider whether the non-paternal grandparent had (or has tried to have) meaningful contact with the grandchild. The court will presume that a fit parent’s decisions are in the best interests of the child. Thus, the court will give special weight to the parent’s wishes and to whether the parent has allowed some visitation with the grandchild. The court will look first at the relationship between the grandchild and the non-paternal grandparent, but the court will also look at all of the circumstances, including the relationship between the non-paternal grandparent and the parent. Can great-grandparents seek visitation with their great-grandchild under the non-paternal grandparent visitation statute? No. The court strictly follows the Indiana law on non-paternal grandparent visitation. The law gives the right to ask for this visitation only to non-paternal grandparents, not great-grandparents. The law does not allow the court to order visitation for great-grandparents. Can I ask the court for non-paternal grandparent visitation rights if I want more visitations with my grandchild than I am getting now? You can ask the court to order non-paternal grandparent visitation if you want more visits. However, the court will probably not interfere with the parent's decision on how much visitation to give you. If you are already getting visits and the parents do not want to give you more, the court will probably not order more visits for you. What should I do if I want to get non-grandparent visitation rights? First, you should talk to the child's parent. It is better to work these things out without going to court. If you cannot reach an agreement with the child's parent and you think you are entitled to ask the court for visitation, you can file a petition in court. Where would I file a petition for non-paternal grandparent visitation rights? Typically, you file in the county where the child lives. However, if there is a divorce between the child’s parents, you would file the petition for non-paternal grandparent rights in the divorce case.