Legal Question in Family Law in Indiana

grandparents visitation

Can a judge force me to take my daughter to her paternal grandmas even though i have numerous documents from medical doctors, couselors, psychiatrists saying visits should stop. Family doctor wrote a note and said visits with grandma stop indeffinetly. I am now in contempt because every time she has come in contact with her paternal grandma she vomits and has night terrors. Doctors say this could hurt her in future. father of my daughter lost his visitation rights and has never been thrown in jail even though he was $6000 behind in child support but they are threatening to put me in jail when I go to court in Feb. 2007 for contempt because I am looking out for my childs best interest and well-being and to stop further health risks. I tried to submit the doctors notes but, judge wouldn't see them, also both attorneys went in judges chambers and i was not allowed to go in front of him to defend myself last time we went to court. I have seen the judge 1 time and that was when he granted grandma supervised visits with me present every week for 2 hours. This is unfair and I need some answers to how they can get away with this. This is invasion of my 14th admendment right.


Asked on 1/13/07, 5:38 pm

1 Answer from Attorneys

Re: grandparents visitation

Yes, the judge can order you to allow parenting time with the paternal grandparents if he feels that it is in the best interest of the child. Clearly, he has some concerns because he did order that the parenting time be supervised.

You may have to actually have one or more of the doctors testify in court. The judge did not allow the notes because they can not be admitted without foundation, otherwise they are considered hearsay.

Their personal appearance and testimony in the judge's presence may make a major difference, especially if the judge has a question or two that the records and reports dont answer.

I can not comment on the in-chambers as I do not know all of the circumstances.

My suggestion is that you follow the court's order. Disobeying an order is contempt and the judge would be within his right to incarcerate you. Your child will not benefit if you are in jail.

Get your medical people into court to testify! Even if the judge rules against you then, you may have grounds for an appeal.

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Answered on 1/13/07, 10:02 pm


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