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  1. #1
    Join Date
    Jun 2012
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    Default How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    My question involves a child custody case from the State of: Indiana

    I keep hearing that there needs to be proof that there would be harm to the child if they didn't get to see their grandparents. What specifically is being referred to here? How do you prove that the child would suffer by not seeing grandparents? And on the other end of things....how do you prove that the child would be harmed by having the visits with grandparents?

  2. #2
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    Default Re: How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    You show it through evidence - which means it's a fact-based analysis. We have none of the facts, so I suggest discussing the actual facts with a lawyer in your state.

  3. #3
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    Jul 2010
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    Default Re: How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    In basic terms, the court needs to see evidence that the grandparent is such an integral part of the child's life that removing them from the picture would be emotionally/psychologically damaging to the child.

    The parent does not have to prove the child would be harmed. The parents are assumed by the court of being capable of determining who does or does not see the child. The burden of proof is generally on the grandparent to show why their absence from the child's life would be harmful to the child.

  4. #4
    Join Date
    Jun 2012
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    173

    Default Re: How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    It sounds like the grandparents are the ones seeking authorization to see your child. In such cases, that means the burden of proving the necessity rests on the grandparents and not you. Which means all you'd have to do is make a case to disprove their argument, which could be a lot easier.

    Harm in the context you've described doesn't mean physical harm, rather that the grandparents are so important to the child emotional/physical development that they must be in the child's life.

  5. #5
    Join Date
    Jun 2012
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    12

    Default Re: How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    What do they need to show? Documentation of visits? Patterns of visits? And there is no proof really. Do they have counselor's testify? Family/friends? One would think that would be difficult to show, especially if the visits are infrequent. Does it make a difference if one grandparent is more active with the child and one has nothing to do with the child?

  6. #6
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    Apr 2009
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    Default Re: How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    A great example of what would give grandparents a better-than-good chance in court in the states which do allow for GPV, would be if the grandparents had lived with the child for most or all of the child's life, and had obviously been intimately involved with raising the child.

    A couple of visits a month is not going to wash.

  7. #7
    Join Date
    Jul 2012
    Posts
    3

    Default Re: How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    We are grandparents with court ordered visitation. There are laws in your state that govern when you can file for grandparents rights, ie...in my state I think the child has to be with you a year, it would cause inreperable harm to the child then if they cannot visit with you, etc... Look up your state's rules. It was a struggle for us and we had the child for over a year. There are conditions that you have to meet to gain visitation in court. If you meet the conditions, hire an attorney to file on your behalf.

  8. #8
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: How Can Grandparents Show Harm to Child in Not Seeing Grandkids

    I think you'll find that OP isn't the one wanting visitation...

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