In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D.
2015 Ind. LEXIS 669
| Ind. | 2015Background
- Grandparents M.D. and W.D. helped raise L-A from birth; they lived with the family during Mother’s cancer battle and continued involvement after birth.
- Mother died in April 2013, leaving L-A an eight-year-old; Grandparents sought visitation rights under Indiana’s Grandparent Visitation Act.
- Mental health professionals advised that regular grandparent visitation would be in L-A’s best interests; Ellsworth favored ongoing grandparent time, Luzio supported court-ordered visitation.
- Trial court issued a broad visitation order reflecting a recommended schedule to transition L-A into Father’s primary care; Father appealed arguing lack of special weight to his decision, improper findings, and excessive visitation.
- Court of Appeals affirmed visitation but remanded on the amount; this Court transferred to address the appropriate scope of grandparent visitation under the Act.
- Court ultimately held the trial court did not abuse its discretion in the amount of visitation and affirmed the order, while noting continued potential for modification as circumstances change.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion in the visitation amount | Father asserts the court overreached | Grandparents argue statute permits best-interests-based scheduling | No abuse; amount within discretion under Act |
| Whether the trial court properly applied McCune factors and gave weight to Father’s decisions | Father contends special weight owed to fit parent’s decisions | Court properly weighed best interests and presumption of fit parent | Court did not abuse discretion in applying McCune factors |
| Whether the court should adopt a strict standard for quantity of grandparent visitation | Father urged strict limits to protect parental rights | Case-specific inquiry appropriate; no rigid standard required | No mandatory strict standard; case-specific discretion upheld |
Key Cases Cited
- K.I. ex rel. J.I. v. J.H., 903 N.E.2d 453 (Ind. 2009) (parental rights central; limits on grandparent visitation when court-ordered)
- In Re Visitation of M.L.B., 983 N.E.2d 583 (Ind. 2013) (parental rights paramount; grandparent rights limited; consider McCune factors)
- Swartz v. Swartz, 720 N.E.2d 1219 (Ind.Ct.App. 1999) (factors and duration affect suitability of visitation)
- Hoeing v. Williams, 880 N.E.2d 1217 (Ind.Ct.App. 2008) (limits on matching parenting guidelines; respect for custodial parent’s religious beliefs)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (constitutional rights of parents; grandparent visitation must respect parental rights)