Does Residing in Another State Without Changing Guardianship Result in Termination

[looking4info]

My question involves guardianship in the State of: Indiana


If a guardian and a child reside in Michigan and the Guardianship order is Indiana is it automatically terminated? They have lived in another state for more then 6 years and NEVER transferred the guardianship and nor have they done their every 2 years paperwork. The courts where they live do not recognize the guardianship because it is not with them. I have been searching all over on information but all I can find is the actual law about residing in the same state but I am confused as to exactly what it details. Help!!!!

[Dogmatique]

Are you talking about parents?

Third parties who have been given guardianship of a child?

Details are needed.

[looking4info]

Oh sorry did not realize I did not give specific persons. The guardian is the paternal grandmother. The guardians are who left the state and has not followed through with the changes. They took the child out of state over 6 yrs ago

[Dogmatique]

Grandma has guardianship of a child. They then relocated out of state. Is that correct? Where are the parents? Why does grandma have guardianship (in other words, was it voluntary, are CPS involved?) Who are you in this? What is the goal here? Does someone want to change things?

Please, help us help you!

[looking4info]

The mother is not in the picture at all. The father is my husband. The guardianship was voluntary. The deal between them at the time was since he could not care for the child at the time that they take guardianship until he could. Through the years they have changed their own "rules" for my husband. They keep making him do this and do that. Just recently we have found out that they have not been following through with the courts on things. We have been trying to get his son back for a few years through them not the courts. A couple weeks ago they informed us that they are not giving him back. They literally said "If we do not have him then we can not have insurance and the state will not give us $2000 for a new car" We have been to the courts in Michigan and Indiana. Michigan can not do anything because they never transferred the guardianship. Indiana only has court clerks we can talk to and all they can say is literally they do not know or understand how that works.

[Dogmatique]

So...Grandma has had legal guardianship through the courts for over 6 years?

How old is the child?

Why does Dad think the child should be removed?

[looking4info]

Yes the grandmother has had guardianship. The child is almost 7 and has always been around dad. My husband has been extremely stable. We have my 5 year old son as well as another child due in June. We want our whole family together. His son wants to be here as well. We have health insurance for him plus everything else he may need. (Granted the grandmother refuses to use the health insurance due to her having him on public assistance and her needing the extras) The grandmother refuses to work and her husband only works here and there. They are always about to lose their house for unpaid bills (in which the state ends up assisting with that). There are drugs in their household and it is ALWAYS tense with all the screaming. The child comes to our home and will literally say things about how much better it is here and how he feels safe. My home is drug free, alcohol free, very very safe for a child. I stay at home due to being pregnant as well as I am homeschooling my son for the rest of this year. We have never been close to having utilities shut off or losing our home. I understand alot of people are going through financial problems but this has always been going on.

[Dogmatique]

Yes the grandmother has had guardianship. The child is almost 7 and has always been around dad. My husband has been extremely stable. We have my 5 year old son as well as another child due in June. We want our whole family together. His son wants to be here as well. We have health insurance for him plus everything else he may need. (Granted the grandmother refuses to use the health insurance due to her having him on public assistance and her needing the extras) The grandmother refuses to work and her husband only works here and there. They are always about to lose their house for unpaid bills (in which the state ends up assisting with that). There are drugs in their household and it is ALWAYS tense with all the screaming. The child comes to our home and will literally say things about how much better it is here and how he feels safe. My home is drug free, alcohol free, very very safe for a child. I stay at home due to being pregnant as well as I am homeschooling my son for the rest of this year. We have never been close to having utilities shut off or losing our home. I understand alot of people are going through financial problems but this has always been going on.

What happened when Dad called child services about the drug use/exposure?

Honestly, HE (not you - you're not a party to this, legally) needs to speak with an attorney. Grandma has a solid case for actual custody (versus guardianship).

[looking4info]

He called Cps along with other people. They have had CPS out to there house quite a few times in the past year alone. Cps dropped all the cases and said that substance abuse around a child is not a valid reason for calling. I dont know who the other people were that had called too. I know legally I can not move forward and that he has too. We have tried to contact lawyers and we keep getting reffered to someone else or they require a very latge consultation fee. We did find one lawyer willing to talk to us without charging hugely but he can not until april 19. All we are trying to figure out right at this moment is if her moving the child out of state and never changed it with the courts as well as not doing the required court processes if that is grounds for automatic termination. Under the Guardianship Laws for Indiana it states that a Guardianship is terminated if the residence is not within the jurisdiction of the courts; it states that the guardian MUST do the renewels every 2 years (explaining the health of the child as well as why she should maintain guardianship) and it can be terminated if no longer needed. We are just trying to decipher what the actually mean.

[Dogmatique]

She moved over 6 years ago, yes?

Then it really, truly, likely won't matter at all. The time to object was at least several years ago. Dad has been fine with it so far - so why now? Why is it now in the child's best interest to be removed?

Is Dad paying child support, btw?

I'm also not seeing where moving out of state automatically terminates a minor's guardianship, per this .

What are you seeing differently?