Guardianship Laws

**LeslieJo1124** · 06-30-2007, 10:35 AM

My name is Leslie and I live in Indiana. I have a 2yr old daughter, Marli, and just recently her father and I signed over guardianship to my aunt and uncle. For about the first month things were going great and I felt satisfied with my decision. Then came Father's Day weekend... I called on that Friday to see if I could pick Marli up for a little bit and was told that her Father had come and got her and she'd be back Sunday evening. This was fine with me, after all, I got her for about an hour on Mother's Day. One phone call led to another and he ended up taking her out of state and not bringing her back until the Wednesday after Father's Day. So, of course, I was right there when she returned. The next day I came over to, again, visit her. At this time I was confronted by my aunt and uncle and was told that they had written up some rules for me, there are several general ones, but these really struck me:

1). Visitations will be 1-2 hours each and and only 2 times per week.
2). Mom (me) gets a job and pays us $50.00 per week(I currently do not make that much)*Note*- My father pays $50.00 per week for her to go to daycare for 4hrs/day, though neither of them work during the summer. When she does this, she will then get all day visits, sometimes. No sleepovers.
Now, legally, can they do this? Let her father come and go with her as he pleases, take her out of town for days at a time; Know that the last time they got child support from him was a month ago, and it was $40.00 for the month and he is court-ordered, I am not.
Yet I am doing all I can to find a better job, I've made BIG strides this past year, most people would say the same. Now, I can only see her 2 out of 7 days a week, unless they get $50.00 per week.
Somebody help! Is this all legal? Do they not have to follow the Indiana Guidelines for Visitation? Is there ANYTHING I can do to see my baby more? I'm desperate, I miss her badly.

**Baystategirl** · 06-30-2007, 11:34 AM

Was the guardianship a voluntary guardianship or was there a court order? Why did you give them guardianship in the first place?

**LeslieJo1124** · 06-30-2007, 08:43 PM

"Marli", as I will continue calling her, was a CHINS and my caseworker (DFC) told me that if I didn't sign over guardianship, as her father had already agreed to do, she would file for termination of parental rights. I know that even though a caseworker may file for the termination, the decision was ultimately up to the judge to follow their recommendation, or allow me more time. But that was not a risk I was willing to take. At that time in my life I was forced to move back in with my father due to financial strain, and was attending G.E.D. classes to further not only my education, but my chances at landing a well-paying job. I didn't have much of a choice, given my financial and residential situation, but to give up guardianship for what I was led to believe would be temporary. Now my uncle has been telling me that they will have her for several years etc. Also, I read that when considering termination of guardianship to reunite the child with a natural parent/parents, the support, and agreement of reunification from the person who was granted the guardianship plays a big role. If they don't want to give up guardianship, it can be a long, messy, uphill battle. With this in mind, I am sure my daughters guardian, though family to me, will be very reluctant to recommend termination and reunification with me. However, I am also sure that they would not put up much of a fight if her father were the one seeking termination. They favor him much more and they are not subtle about it. This has had me thinking for a very long time and the only reason for this I can come to is that he has a job and is in the National Guard. Simply, he has done a lot more with his life thus far, whereas I am a little further behind, but working at that. I've rambled on long enough, I'll just get straight to the point. Can anyone help me answer the following questions; remember, this is Limited Guardianship.
*Does "Marli'"s guardian have the right to allow her father frequent, extended visitation, yet only allow me 2 days per week for 2 hours at a time?
*Is there anything I can do to change this?
*Is it legal for the guardian to limit my visitation, requiring weekly funds in order for me to gain longer visitation, though I am not yet court-ordered to pay child support? And at the same time allow unlimited visitation to the father, who hasn't paid over 50 dollars in the last 3 months, though he is court-ordered to pay child support?
*Does the person with Limited Guardianship have to follow Indiana State laws for Visitation?
* Does anyone know, or know where I can find the legal rights of a Limited Guardian?

**aaron** · 07-01-2007, 06:08 AM

You didn't directly answer the question of whether or not the guardianship went through the courts.

Assuming it did, "Marli" has to follow the court's order, including any order for visitation. You can go to court and seek modification or termination of the order.

**LeslieJo1124** · 07-01-2007, 07:48 AM

It is a bit of an uncertainty as to whether or not it has gone through the courts. I DO know that My Aunt, the father, and I have all signed the papers. Just yesterday I did receive a letter from my lawyer, which appeared to be an update to court. We used to do the update every 3 months, but in this particular letter it stated at the end that all parties have signed guardianship papers and that the case was officially closing. We haven't gone to court before a judge, so I am guessing that perhaps he agreed with how things were progressing and didn't feel it necessary to have a hearing.. It's been around a month, maybe longer, since I have had supervised visits at my house with a DFC worker.When we were doing those visits, I got 4 days a week. Now I got cut down to only two. It's not as if I have done something wrong since my last visit with the DFC. My caseworker said that it is "our discretion" as far as visitation goes. (meaning, of course, my aunt and I) For a month or more everything was going great. I wasn't over there every single day, I knew they wanted space too. I would always call and make sure it was ok before picking her up. I gave her naps, supper, time-outs..just the normal everyday activities that mothers do. They never let on that they were bothered, uncomfortable, or even that they didn't want me there at the times I would call for permission. And out of nowhere, they decided that things were not going great, like I had thought. They laid down very strict rules, rules that apply only to me, not her father. And when they finished their lecture, without saying it blatantly, asked me to leave. I'm ok with giving them money for "Marli's" needs, probably not the $50.00 per week as they are requesting. I don't make that much at a minimum wage job. My father, voluntarily pays $50.00 per week for daycare and also gives her $100.00 a month for whatever they need. I just can't fill the $50.00 requirement right now. I have even considered going to the courthouse and filing for child support from myself if that would get me at least one more day per week with her. It would also lessen the amount I would have to pay, unless, of course they still request money that is not court-ordered, as they are doing now. Also, I'm currently trying to establish residency and I won't very well be able to go any further with it if my paychecks are going to them. I just feel so very hurt by my family. I really don't have a family member, outside of my dad (who will never speak up), that has my back, or even sees my side off this. Let alone anyone to talk to. So I spend most of my free time on the internet at a few choice sites trying to discover a loophole, or just anything that could eventually get me more visits if I present it to my lawyer.
I have, however, finally found one website that pretty much outlines the role and the rights of a limited guardian in the state of Indiana. And I have seen my first glimmer of hope. I just wish I had someone I could share it with, it's no good keeping this in. I've actually caught myself talking to myself on a few occasions, hah. But I believe I have found what I've been looking for as far as the law goes, I'm just missing a couple key phrases, or laws I need to find out before I present my findings to my lawyer. I really appreciate your feedback. It's nice to be able to talk about all of this and get advice, and just general feedback.. I look forward to hearing from you again..

**Baystategirl** · 07-01-2007, 02:30 PM

Was you child being abused/neglected by you? Is that why DFC is/was involved? That would explain the guardians reluctance to allow you visitation.

**LeslieJo1124** · 07-03-2007, 01:31 PM

No, there wasn't any abuse or neglect, I always took care of my daughter and NEVER hit her. The reason she was taken was me. I have suffered from depression, and anxiety for years, which ended up with me becoming a cutter. DFC didn't think my daughter should be with me at the time. I have since been in treatment and on medication and am doing much better. I see a therapist once a week.