COA Remanded Trial Court’s Granting of Grandparent Visitation upon Absence of Particular Findings

Daniel Welbourne, et al., v Betty Mays (February 18, 2021)


HELD: Trial court’s granting of grandparent visitation rights to Paternal Grandmother was remanded based upon the order’s absence of particularized findings.


FACTS & PROCEDURAL HISTORY: Child was born to Mother and Father in 2017. After Child’s birth, Child lived with Mother and Father at the residence of Maternal Grandparents. Mother and Father struggled with drug abuse, which resulted in Maternal Grandparents establishing a guardianship over Child.


For a period, Maternal Grandparents informally arranged for Child’s visitation with Paternal Grandmother. However, disputes over visitation soon arose.


In 2019, Maternal Grandparents filed a petition to adopt Child. Paternal Grandmother intervened, requesting a statutory grandparent visitation order. Following a hearing, the trial court issued an order granting Paternal Grandmother visitation for six weekends per year, one week in the summer, and time during special days, like Christmas and Child’s birthday. Maternal Grandparents appealed the visitation order.


The Court of Appeals noted that Indiana’s grandparent visitation statute requires that any grandparent visitation order be accompanied by findings and conclusions. Because the trial court’s order did not include those, “we remand for more particularized findings relative to this child and this particular relationship.”

The case was remanded.

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