Visitation During Divorce Proceedings

• The division of assets and custody of the children is decided early on in a divorce. In fact, the parent filing for divorce must disclose the children in the initial petition. Hearings are held to determine which parent is the most suitable for primary custody. The other parent will receive visitation with the child as ordered by the court.
  
  

After Divorce

• Divorce is regulated by Indiana Code 31-15-2. The judge will revisit custody before the final divorce order is given. At this time, the parents can present their arguments for a more permanent agreement. Some custody hearings take more time in court than the actual divorce proceedings. In the state of Indiana, the judge's order is final. A child support order will come from this court as well. If either parent sees the need to change the agreement, they must go back to court.
  
  

Grandparents Visitation

• Indiana state law addresses the issue of grandparent visitation. A grandparent may petition the court for visitation after the parents divorce. The court is focused on keeping the child's best interest in mind for visitation, so grandparents are interviewed by the judge after they file the petition for visitation. The judge must believe that the grandparents' visits are in the best interest of the child, or the case will not continue. A hearing will be scheduled to give the parents the opportunity to tell their side of the visitation battle and to prove that the grandparents are unfit to be around the child.
  
  

Misconception

• One of the most common misconceptions about visitation after divorce is that the custodial parent has the right to restrict the noncustodial parent for things like late child support payments, new relationships or other personal issues between the parents. In Indiana, restricting court-ordered visitation is not lawful. The noncustodial parent can bring the custodial parent to court for not following a court order.