David, J.
From the time of her birth, L-A.D.W. had a close relationship with her maternal grandparents, M.D. and W.D. (Grandparents). Grandparents lived with L-A and her parents, L.A.D. (Mother) and R.W. (Father), beginning when L-A was born. Even after Grandparents returned to their own home, they remained a part of L-A’s daily life. In 2010, Mother was diagnosed with stage four cancer, and Grandparents moved back into Mother and Father’s home to help care for Mother and L-A. After Mother’s three-year battle with cancer and amidst the dissolution of her marriage, Mother passed away in April 2013. L-A was only eight years old.
In accordance with Mother’s wishes as expressed in her will, Grandparents filed for visitation rights with L-A under the Grandparent Visitation Act. Ind. Code § 31-17-5-1 (2014). Grandparents’ and Father’s relationship had grown contentious over the course of Mother’s illness and her deteriorating marriage. Grandparents feared that Father would totally discontinue any contact between them and L-A. Grandparents believed that court-ordered visitation was the only way to maintain a regular and meaningful relationship with their only grandchild. Conversely, Father wished to control any visitation schedule Grandparents had with L-A.
After a hearing, in which two mental health experts opined on what would be in the best interest of L-A, the trial court determined that it was in L-A’s best interest to have a meaningful and ongoing relationship with Grandparents. The trial court ordered a visitation schedule, which followed the visitation schedule that was initially recommended by one of the mental health experts. This schedule was crafted to allow L-A to transition into the primary care of her Father.
Father appealed, arguing that the trial court failed to give special weight to his decisions regarding L-A’s upbringing, or to properly apply the presumption that a fit parent acts in the child’s best interest. Father also disputed the amount of visitation that was awarded. On appeal, the Court of Appeals affirmed the trial court’s order for grandparent visitation but reversed and remanded on the amount of visitation, determining that the amount of visitation exceeded the “occasional, temporary visitation” that is permitted under the Grandparent Visitation Act. In Re Visitation of L-A.D.W., 24 N.E.3d 500, 516 (Ind. Ct. App. 2015) (citation omitted).
Although the Court of Appeals found that the amount of visitation was improper under the Grandparent Visitation Act, the court first noted that “Indiana courts have not established a set standard for ‘occasional, temporary visitation.’” Id. at 515 (citation omitted). Thus, the court looked to past decisions for guidance. Id. We likewise recognize that this Court has not provided a standard for determining what amount of visitation is appropriate under the Grandparent Visitation Act. However, we are not convinced that precedent compels finding an abuse of discretion in the current case. Although we do not seek to set out steadfast rules regarding the permissible amount of visitation that can be ordered, transfer is granted to reaffirm the discretion of the trial court in assessing what amount of visitation would be in the child’s best interests. After reviewing the circumstances of this particular case, we hold that the trial court did not abuse its discretion in setting the amount of grandparent visitation. We affirm the entirety of the trial court’s order granting grandparent visitation.
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This Court has stated that “[t]he Grandparent Visitation Act contemplates only occasional, temporary visitation that does not substantially infringe on a parent’s fundamental right to control the upbringing, education, and religious training of their children.” K.I., 903 N.E.2d at 462 (internal citations and quotations omitted). This pronouncement recognizes that while parents have a constitutional liberty interest in the upbringing of their child(ren), Grandparents are not afforded the same legal rights as parents and do not have a constitutional liberty interest with their grandchildren. See Id. at 462. This broad constitutional protection does not require, nor do we think it would be wise to set, a strict guideline for grandparent visitation. Similarly, we do not read this constitutional protection to require crafting visitation schedules that in no way resemble visitation under the Parenting Time Guidelines, even though sole reliance upon the Guidelines is impermissible. [Footnote omitted.] See Id. at 461-62. Rather, we continue to give substantial deference to the trial court’s determination of family law matters. See Kirk, 770 N.E.2d at 307. We also remain confident in the ability of our courts to determine when grandparent visitation would substantially infringe upon the custodial parent’s constitutional right to guide the upbringing of their child. See e.g. Hoeing v. Williams, 880 N.E.2d 1217, 1221-22 (Ind. Ct. App. 2008) (determining awarded visitation impermissibily impeded Mother’s ability to direct child’s religious upbringing).
However, we reiterate that grandparent visitation is not to be confused with the rights of the custodial parent. The rights of grandparents to seek visitation is not rooted in common law, but is a product of legislation. See In Re Visitation of M.L.B., 983 N.E.2d 583, 585 (Ind. 2013). The Indiana legislature did not even pass a law allowing for grandparent visitation until 1982. See Ind. Code § 31-1-11.7-1, -8 (1982). Despite grandparents having some recognized right to visitation, the “natural parents have a fundamental constitutional right to direct their children’s upbringing without undue governmental interference . . . .” In Re Visitation of M.L.B., 983 N.E.2d at 586. Under the Grandparent Visitation Act, the trial court has authority to order visitation and set the amount of visitation, but nowhere within that legislation has the court been permitted to award grandparents the right to determine the child’s upbringing. See Ind. Code §§ 31-17-5-1, -10. Even in cases involving parenting time of a non-custodial parent, Indiana courts have recognized that the custodial parent’s right to direct the child’s upbringing is “paramount” to the non-custodial parent’s right to visitation, as long as interference with the non-custodial parent’s visitation is reasonable. A.G.R. ex rel. Conflenti v. Huff, 815 N.E.2d 120, 125 (Ind. Ct. App. 2004); See also Periquet-Febres v. Febres, 659 N.E.2d 602, 606 (Ind. Ct. App. 1995). Likewise, in the case of grandparent visitation, the custodial parent’s right to direct the upbringing of the child remains paramount.
In light of this understanding regarding the scope of grandparent visitation rights, we seek to address the specific issue presented in this case: Did the trial court abuse its discretion in the amount of visitation that Grandparents were awarded? After examining this Court’s precedent, we do not find that the amount of visitation awarded in this case was an abuse of discretion under the Grandparent Visitation Act.
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Given the uniqueness that pervades different family units, strict standards on the amount of permissible visitation under the Grandparent Visitation Act would be difficult to craft. As such, trial courts should be able to consider the various circumstances presented in each individual case to determine what is in the child’s best interest.
Moreover, the current order on visitation is not permanent. The Grandparent Visitation Act contemplates that the best interest of the child may change over time. Under Indiana Code § 31-17-5-7, “[t]he court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.” While a more extensive visitation schedule may be warranted when a child is younger and requires greater supervision, as a child matures, his or her increased involvement in academics, extracurricular activities, friends, hobbies, and jobs may warrant a more modest visitation schedule. See e.g. In Re Guardianship of K.T., 743 N.E.2d 348, 352 (Ind. Ct. App. 2001) (after considering variety of individuals that loved child and wanted to be part of her life, in addition to “changed circumstances since the original visitation order was entered,” no abuse of discretion when the court “determined that it would be appropriate to reduce [child’s] court-ordered visitation with [Grandparents]”). Thus, while the awarded visitation in the present case may be appropriate given L-A’s age and the extensive role Grandparents have played in her life, as she becomes more involved in other activities and develops a closer relationship with Father, modification may be warranted.
Conclusion
We summarily affirm the Court of Appeals in upholding the award of grandparent visitation. We also hold that the trial court did not abuse its discretion in the amount of visitation that it granted to Grandparents under the Grandparent Visitation Act. Accordingly, the trial court’s order on grandparent visitation is affirmed.
Dickson and Massa, J.J., concur.
Rush, C.J., concurs in result only with separate opinion in which Rucker, J., joins.
Rush, J., concurring in result.
I concur fully with the majority, except as to its analysis of the quantity of visitation awarded—and even on that issue, I concur in result. In K.I., and again in M.L.B., we cautioned that the amount of grandparent visitation must be carefully limited so as not to impede parents’ fundamental constitutional right to direct their children’s upbringing. In my view, the majority’s reliance on our usual “deference to trial judges in family law matters” insufficiently protects the parent’s constitutional rights and risks allowing excessive awards to escape meaningful appellate review. But even under the closer scrutiny I would apply, the trial court’s award of 24 overnights per year, plus short visits weekly and for a few special occasions, does not unduly infringe on Father’s parental rights under these circumstances.
The majority rightly recognizes our prior admonitions that “[t]he Grandparent Visitation Act contemplates ‘only occasional, temporary visitation’” and that grandparents’ statutory right to seek visitation must remain secondary to natural parents’ “fundamental constitutional right to direct their children’s upbringing without undue governmental interference.” Slip op. at 8–9 (quoting K.I., 903 N.E.2d at 462 and M.L.B., 983 N.E.2d at 586). I also agree in principle that once the trial court has made the required findings under the Act, its determination of how much visitation is appropriate will depend on each family’s unique circumstances. Finally, I agree that under these circumstances, the amount awarded is not excessive. See generally slip op. at 12–13.
My disagreement is only with the majority’s reluctance to craft “strict standards on the amount of permissible visitation.” Slip op. at 13. …
In my view, then, the analysis here is straightforward. A trial court’s first task in grand-parent visitation cases is applying the four “McCune factors”—that is, (1) to presume that as a fit parent, Father’s decisions were in L-A’s best interests, (2) to therefore give his visitation decisions “special weight,” and (3) to give “some weight” to whether Father had agreed to some visitation or denied it entirely; all as part of its ultimate determination of (4) whether court-ordered visitation was in L-A’s best interests. M.L.B., 983 N.E.2d at 586. On those questions, I agree the factfinder does indeed have broad discretion because (subject to the presumptions and heightened standard of proof the first three factors entail, see id.) they are ultimately judgments of evidentiary weight and witness credibility. E.g., In re Adoption of O.R., 16 N.E.3d 965, 973 (Ind. 2014) (“[W]e recognize that the trial judge is in the best position to . . . determine witness credibility, get a feel for the family dynamics, and get a sense of the parents and their relationship with their children.”). And here, though the evidence was disputed, the trial court’s ultimate finding that Father would deny and not merely limit visitation, contrary to L-A’s best interests, was well within its discretion.
But then, K.I.’s “occasional, temporary” standard gives trial courts far narrower discretion over the amount of grandparent visitation than over the threshold McCune findings. Still, not only is the amount of visitation awarded here far short of what we’ve previously found excessive under the K.I. standard, it is further justified by “the parties’ earlier pattern” established by the unusually frequent visitation Father permitted before this dispute arose. M.L.B., 983 N.E.2d at 587. Moreover, the award is tailored to minimize the longer visits’ intrusion into Father’s time with L-A. In my view, no further analysis is necessary to affirm the quantity of visitation awarded in this case—and any further inquiry just adds needless complexity, understates the importance of K.I.’s limitations, and raises confusion about the extent of trial courts’ discretion. But because the majority’s analysis reaches the same outcome, I respectfully concur in result.
Rucker, J., joins.