Indiana Code

Ind. Code § 31-17-5-3 (2025)

Petition

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. (a) A proceeding for grandparent's visitation must be commenced by the filing of a petition entitled, "In Re the visitation of _________". The petition must:

(1) be filed by a grandparent entitled to receive visitation rights under this chapter;

(2) be verified; and

(3) set forth the following:

(A) The names and relationship of:

(i) the petitioning grandparent or grandparents;

(ii) each child with whom visitation is sought; and

(iii) the custodial parent or guardian of each child.

(B) The present address of each person named in clause (A).

(C) The date of birth of each child with whom visitation is sought.

(D) The status under section 1 of this chapter upon which the grandparent seeks visitation.

(E) The relief sought.

     (b) A petition described in subsection (a) must be filed prior to the date a decree of adoption is entered.

[Pre-1997 Recodification Citation: 31-1-11.7-4.]

As added by P.L.1-1997, SEC.9. Amended by P.L.16-2017, SEC.1.

 

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2012–2024 · leading case: J.B. & P.B. v. J v. & K v. (mem. dec.), No. 49A02-1712-MI-2754 (Ind. Ct. App. May 23, 2018).
J.B. & P.B. v. J v. & K v. (mem. dec.), No. 49A02-1712-MI-2754 (Ind. Ct. App. May 23, 2018). · cites it 8× “” Ind. Code § 31-17-5-3 (a) provides that “[a] proceeding for grandparent’s visitation must be commenced by the filing of a petition” and describes the information the petition must include.”
Joseph S Kornman v. Verna Bowling, 228 N.E.3d 1120 (Ind. Ct. App. 2024). · cites it 6× “” Ind. Code § 31-17-5-3 (b). Such an action must be filed in “a circuit, superior or probate court of the county in which the child resides.”
In re: The Adoption of A.S., a minor child, S.J., & P.M. v. A.H. (mem. dec.), 144 N.E.3d 223 (Ind. Ct. App. 2020). · cites it 4× “Ind. Code §§ 31-17-5-3 (a), - Court of Appeals of Indiana | Memorandum Decision 19A-AD-1250 | February 26, 2020 Page 3 of 22 Grandmother filed an “Objection to Guardianship Unless Granted Rights of Visitation.”
In re the Paternity of W.J.L., Minor Child Helen Burns v. Landon Lemings (mem. dec.), No. 44A04-1709-JP-2142 (Ind. Ct. App. Feb. 28, 2018). · cites it 2× “2 Indiana Code Section 31-17-5-3 of the GVA provides that a proceeding for grandparent visitation must be commenced by the filing of a petition by a grandparent entitled to receive visitation rights under Indiana Code Chapter 31- 2 We are unpersuaded by Father’s reliance on In…”
S P v. G F, No. 22A-AD-02674 (Ind. Ct. App. June 6, 2023). · cites it 2× “§ 31-17-5-1(a)(1) provides a grandparent with the right to seek visitation if the child’s mother or father is deceased, and pursuant to I.C. § 31-17-5-3(b), a petition for grandparent visitation must be filed, if at all, before an adoption Court of Appeals of Indiana | Opinion…”
In the Guardianship of D.M.: W.G. v. B.P., No. 39A01-1210-GU-463 (Ind. Ct. App. May 21, 2013). · cites it 2× “Ind. Code § 31-17-5-3 provides: A proceeding for grandparent’s visitation must be commenced by the filing of a petition entitled, “In Re the visitation of ________”.”
In Re The Visitation of M.J. & J.J.: C.M. v. J.J. & I.J., No. 71A03-1205-JM-220 (Ind. Ct. App. Nov. 2, 2012). “§ 31-17-5-3 (West, Westlaw current with all 2012 legislation).”
Ind. Code § 31-17-5-3(b): 3 cases
Joseph S Kornman v. Verna Bowling, 228 N.E.3d 1120 (Ind. Ct. App. 2024). “” Ind. Code § 31-17-5-3 (b). Such an action must be filed in “a circuit, superior or probate court of the county in which the child resides.”
In re: The Adoption of A.S., a minor child, S.J., & P.M. v. A.H. (mem. dec.), 144 N.E.3d 223 (Ind. Ct. App. 2020). “Ind. Code §§ 31-17-5-3 (a), - Court of Appeals of Indiana | Memorandum Decision 19A-AD-1250 | February 26, 2020 Page 3 of 22 Grandmother filed an “Objection to Guardianship Unless Granted Rights of Visitation.”
S P v. G F, No. 22A-AD-02674 (Ind. Ct. App. June 6, 2023). “§ 31-17-5-1(a)(1) provides a grandparent with the right to seek visitation if the child’s mother or father is deceased, and pursuant to I.C. § 31-17-5-3(b), a petition for grandparent visitation must be filed, if at all, before an adoption Court of Appeals of Indiana | Opinion…”
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