Legal Question in Family Law in Indiana

Visitation

I was married one year. I am divorced. My son is from a previous relationship not from my ex-husband. He never paid any type of support and did not adopt him. Him and his parents are trying to take me to court for visitation. My son is five and did not want to go over there anymore, so I do not make him. I am getting married again and my husband is going to adopt him. Do they legally have any rights? They already stated they have a lawyer and I will be served papers.

Thank you

-Shannon


Asked on 3/30/06, 9:19 am

1 Answer from Attorneys

Re: Visitation

Shannon:

I have been practicing law for over twenty years and about 1/2 of my practice is family law. With that as background, let me address your question.

Your ex husband has no statutory right to visitation. However, there is case law that would allow him to make a claim for visitation. In other words, he could file a petition in court seeking visitation and the Court would hear evidence whether it is in the best interest of your child to have visitation with your ex-husband. There are many factors that the Court would consider, however, it is a bit complicated to explain all of them in this forum.

Respectfully,

Burton

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Answered on 3/30/06, 9:37 am


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