Indiana Code

Ind. Code § 31-17-5-2 (2026)

Best interest of the child; in chambers interview of the child

✓ current as of May 2026
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     Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.

     (b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.

     (c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.

     (d) The court may permit counsel to be present at the interview. If counsel is present:

(1) a record may be made of the interview; and

(2) the interview may be made part of the record for purposes of appeal.

[Pre-1997 Recodification Citation: 31-1-11.7-3.]

As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.

 

Notes of Decisions
Cited in 32 cases (1 in the last 5 years), 2001–2024 · leading case: Crafton v. Gibson, 752 N.E.2d 78 (Ind. Ct. App. 2001).
Crafton v. Gibson, 752 N.E.2d 78 (Ind. Ct. App. 2001). · cites it 6× “In making this determination, I.C. § 31-17-5-2 requires that: (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.”
In re: The Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor & Angela S. Ubelhor, 14 N.E.3d 753 (Ind. Ct. App. 2014). · cites it 8× “” I.C. § 31-17-5-2. However, this consideration “is not the touchstone for determining the child’s best interests.”
McCune v. Frey, 783 N.E.2d 752 (Ind. Ct. App. 2003). · cites it 4× “Ind.Code § 31-17-5-2 (1998). Additionally, a trial court may modify an order granting or denying grandparent visitation rights any time such modification would serve the best interests of the child.”
Wilder-Newland v. Kessinger, 967 N.E.2d 558 (Ind. Ct. App. 2012). · cites it 6× “Indiana Code section 31-17-5-2 provides that the trial court "may grant [grandparent] visitation rights if the court determines that visitation rights are in the best interests of the child.”
Paternity of K.I. ex rel. J.I. v. J.H., 903 N.E.2d 453 (Ind. 2009). · cites it 2× “" I.C. § 31-17-5-2. When a trial court enters a decree granting or denying grandparent visitation, it is required to set forth findings of fact and conclusions of law.”
Ramsey v. Ramsey, 863 N.E.2d 1232 (Ind. Ct. App. 2007). · cites it 4× “” Ind.Code § 31-17-5-2. This determination is a matter for the trial court’s discretion, and we will reverse only upon a showing of an abuse of that discretion.”
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009). · cites it 4× “" See Ind.Code § 31-17-5-2. Typically, the determination of whether granting grandparent visitation rights is in a child's best interests is a matter for the trial court's discretion, reversible only upon a showing of an abuse of that discretion.”
Hicks v. Larson, 884 N.E.2d 869 (Ind. Ct. App. 2008). · cites it 4× “Discussion and Decision Father argues that the trial court "violated Father's fourteenth amendment right to substantive due process when it failed to acknowledge Father's fundamental right to make decisions regarding the care and custody of his children." Br. of Appellant at 12.”
Hoeing v. Williams, 880 N.E.2d 1217 (Ind. Ct. App. 2008). · cites it 4× “Indiana Code Section 31-17-5-2(a) states that the court may grant visitation rights if it determines that visitation rights are in the best interests of the child.”
In Re Guardianship of JEM, 870 N.E.2d 517 (Ind. Ct. App. 2007). · cites it 2× “See I.C. § 31-17-5-2(a). If grandparent visitation is established, as it has been here, it may later be modified or terminated, again upon a finding regarding the child's best interests.”
Woodruff v. Klein, 762 N.E.2d 223 (Ind. Ct. App. 2002). · cites it 2× “Under Indiana's Grandparent Visitation Statute, a grandparent may seek visitation rights if the child's parent is deceased.”
Visitation of C.L.H. v. G.L.H., 908 N.E.2d 320 (Ind. Ct. App. 2009). · cites it 5× “§ 31-17-5-2(3). 8. The Court must enter specific findings and conclusions when determining whether or not grandparent visitation is ordered.”
Ind. Code § 31-17-5-2(3): 1 case
Visitation of C.L.H. v. G.L.H., 908 N.E.2d 320 (Ind. Ct. App. 2009). “§ 31-17-5-2(3). 8. The Court must enter specific findings and conclusions when determining whether or not grandparent visitation is ordered.”
Ind. Code § 31-17-5-2(a): 15 cases
In re: The Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor & Angela S. Ubelhor, 14 N.E.3d 753 (Ind. Ct. App. 2014). “” I.C. § 31-17-5-2. However, this consideration “is not the touchstone for determining the child’s best interests.”
In Re Guardianship of JEM, 870 N.E.2d 517 (Ind. Ct. App. 2007). “See I.C. § 31-17-5-2(a). If grandparent visitation is established, as it has been here, it may later be modified or terminated, again upon a finding regarding the child's best interests.”
Hoeing v. Williams, 880 N.E.2d 1217 (Ind. Ct. App. 2008). “Indiana Code Section 31-17-5-2(a) states that the court may grant visitation rights if it determines that visitation rights are in the best interests of the child.”
Woodruff v. Klein, 762 N.E.2d 223 (Ind. Ct. App. 2002). “Under Indiana's Grandparent Visitation Statute, a grandparent may seek visitation rights if the child's parent is deceased.”
Visitation of C.L.H. v. G.L.H., 908 N.E.2d 320 (Ind. Ct. App. 2009). “§ 31-17-5-2(3). 8. The Court must enter specific findings and conclusions when determining whether or not grandparent visitation is ordered.”
Ind. Code § 31-17-5-2(b): 6 cases
Hoeing v. Williams, 880 N.E.2d 1217 (Ind. Ct. App. 2008). “Indiana Code Section 31-17-5-2(a) states that the court may grant visitation rights if it determines that visitation rights are in the best interests of the child.”
Woodruff v. Klein, 762 N.E.2d 223 (Ind. Ct. App. 2002). “Under Indiana's Grandparent Visitation Statute, a grandparent may seek visitation rights if the child's parent is deceased.”
Visitation of C.L.H. v. G.L.H., 908 N.E.2d 320 (Ind. Ct. App. 2009). “§ 31-17-5-2(3). 8. The Court must enter specific findings and conclusions when determining whether or not grandparent visitation is ordered.”
In Re: Grandparent Visitation of K.M., F.M. v. K.F., 42 N.E.3d 572 (Ind. Ct. App. 2015).
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