Grandparents And Guardianship

**Sheba00** · 01-24-2008, 10:53 AM

State of Indiana: Can grandparents file for guardianship without permission from the parents? My daughter and son-in-law are non-working filthy pigs who have no concept of telling the truth. They might both be on drugs, however, like I said, they are liars. I am so concerned about my 2-year-old grandson. Can I step in and take him from them? I am waiting for a lawyer to call me back with advice, also.

**Baystategirl** · 01-24-2008, 10:58 AM

Quoting Sheba00

State of Indiana: Can grandparents file for guardianship without permission from the parents? My daughter and son-in-law are non-working filthy pigs who have no concept of telling the truth. They might both be on drugs, however, like I said, they are liars. I am so concerned about my 2-year-old grandson. Can I step in and take him from them? I am waiting for a lawyer to call me back with advice, also.

No...But you report them to CPS if their home is that bad...

**Sheba00** · 01-24-2008, 11:11 AM

They don't HAVE a home, that I know of. They were both staying with me, but don't come home at night. They leave my grandson for days and weeks at a time. I've contacted CPS and they suggested I get a lawyer.

**Lawstudent08** · 01-25-2008, 11:40 AM

You might be able to file a petition for guardianship. Indiana Code 29-3-5-1(a) states that "Any person may file a petition for the appointment of a person to serve as guardian for an incapacitated person or minor..." You could try calling your local courthouse and asking them if you can do so. If you can, they should also be able to guide you to the proper paperwork. Other statutory requirements exist for you to make yourself aware of because they control who is eligible to be a guardian.

The parents will have the right to challenge your petition if you are able to file.

Have you tried talking to the parents and asking them if they think a guardianship is a good idea? Different kinds of guardianships exist... They could agree to make you a limited guardian, which gives you specific rights and duties as a guardian. For example, you could limit the guardianship to making education and/or medical decisions... I think its also possible to limit a guardianship in terms of how long they last. In that instance, you could be given essentially a full guardianship that would last for 5 years, or whatever you and the parents worked out.