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Indiana Code

Ind. Code § 31-17-5-8 (2026)

Paternity proceedings; effect on visitation rights

✓ current as of May 2026
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     Sec. 8. (a) This section applies to a child born out of wedlock.

     (b) Visitation rights provided for in section 1 or 10 of this chapter survive the establishment of paternity of a child by a court proceeding other than an adoption proceeding.

[Pre-1997 Recodification Citation: 31-1-11.7-2(d).]

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

 

Notes of Decisions
Cited in 5 cases, 1999–2019 · leading case: Hammons v. Jenkins-Griffith, 764 N.E.2d 303 (Ind. Ct. App. 2002).
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Hammons v. Jenkins-Griffith, 764 N.E.2d 303 (Ind. Ct. App. 2002). · cites it 2× “Even if great-grandparents were considered as grandparents under the Grandparent Visitation Statute, it is clear that Great-Grandparents did not comply with Ind.Code § 31-17-5-8. That section provides that "(al proceeding for grandparent's visitation must be commenced by the…”
In Re Visitation of JPH, 709 N.E.2d 44 (Ind. Ct. App. 1999). “CODE § 31-17-5-8 provides that grandparent visitation rights survive the establishment of paternity of a child born out of wedlock.”
Allison Campbell n/k/a Allison Lanthier & Kyle Lanthier v. Tara Eary, 132 N.E.3d 413 (Ind. Ct. App. 2019). · cites it 8× “” I.C. § 31-17-5-8(b) (emphasis added). The phrase “by a court proceeding” necessarily excludes the legitimation of a child by his or her parents’ subsequent marriage.”
Hayes v. Hayes, 709 N.E.2d 44 (Ind. Ct. App. 1999). · cites it 2× “Also, Ind.Code § 31-17-5-8 provides that grandparent visitation rights survive the establishment of paternity of a child born out of wedlock.”
In Re: The Visitation of M.L.B. K.J.R. v. M.A.B., No. 41A01-1107-MI-285 (Ind. Ct. App. June 14, 2012). · cites it 2× “Ind. Code § 31-17-5-8 . Additionally, visitation rights survive the adoption of the child by a stepparent.”
Ind. Code § 31-17-5-8(b): 1 case
Allison Campbell n/k/a Allison Lanthier & Kyle Lanthier v. Tara Eary, 132 N.E.3d 413 (Ind. Ct. App. 2019). “” I.C. § 31-17-5-8(b) (emphasis added). The phrase “by a court proceeding” necessarily excludes the legitimation of a child by his or her parents’ subsequent marriage.”
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