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  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Exclamation How to Give Custody of Your Children to a Grandparent

    My question involves a child custody case from the State of: Indiana

    Ok so back in May of this yr my oldest daughter decided to run away from her grandmothers house where her an her brother an sister have been living for the past year. She slipped out her bedroom window to come to me, telling me she can't do it anymore, she can't live there anymore. To back it up a lil more a year prior I had hit a hard spot in life an was needing helps with my 3 kids so I could straighten up an get back on my feet, so me an grandma( which is only blood to my oldest) went an got a paper notarized that she had temporary guardian ship of them. That was the only thing we did was that, notarized, never went thru courts, never when in front of a judge an there was no cps case or any type of that going on, just knew I was unstable an this was not fair to them.

    Well after her running away to me I decided I was not going to send her back. Now I have all 3 of my children back but still am not completely out of the clear with the mess ups I had made. Finding out some of the things that had happen at her place,while they was there, things that where kept from me has made me honestly scared an worried, only because if something does happen to me I don't want them to go thru all that again.

    Now my mother an I have talked an I in all reality would love it if my mother was able to have some type of custody if not all custody of the children. She told me I could have them still live with me an all that but she be basically the custodial person. How would we go about getting this done an is it going to cost a lot of money?

    Oh the other thing you'll need to know is the father of my oldest lives an as lived for a few years in Maine yes he pays child support here an there but has never been there, like she says she knows he's her dad but she don't really know him. The father of my younger two isn't fully capable of taking care of them for a few reasons, on he has a brain enurisom, he's place isn't big enough an has other health issues. They are on the childrens birth certificates, maternity has never been established an really don't see them caring that this would happen, well I know that my youngest twos father is ok with it all. I just don't wanna see my kids have to go into the system or anything of that sort if it could be help.

    Yes things are getting better but anything can happen.... please any advice or help I'm well ears

  2. #2
    Join Date
    Mar 2016
    Posts
    1,879

    Default Re: How to Give Custody of Your Children to a Grandparent

    I don't think what you did is even legal or binding. From what I read in the Indiana statute on guardianship you have to go through the court to make it legal. I assume this is your oldest's paternal grandmother? She has no say in it. Was there some kind of abuse?

    Indiana Code Title 29. Probate 29-3-3-4


    Sec. 4. (a) If:


    (1) a guardian has not been appointed for an incapacitated person or minor;


    (2) an emergency exists;


    (3) the welfare of the incapacitated person or minor requires immediate action;  and


    (4) no other person appears to have authority to act in the circumstances;

    the court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days.  No such appointment shall be made except after notice and hearing unless it is alleged and found by the court that immediate and irreparable injury to the person or injury, loss, or damage to the property of the alleged incapacitated person or minor may result before the alleged incapacitated person or minor can be heard in response to the petition.  If a temporary guardian is appointed without advance notice and the alleged incapacitated person or minor files a petition that the guardianship be terminated or the court order modified, the court shall hear and determine the petition at the earliest possible time.


    (b) If:


    (1) a petition is filed under this section for the appointment of a temporary guardian;  and


    (2) each person required to receive notice under IC 29-3-6-1(a) has not:


    (A) received a complete copy of the petition and notice required by IC 29-3-6-2 before the court considers and acts on the petition;  or


    (B) received actual notice of the filing of the petition and specifically waived in writing the necessity for service of the notice required under IC 29-3-6-2 before the court considers and acts on the petition;

    the petitioner shall, on the earlier of the date the court enters an order scheduling a hearing on the petition or the date the court enters an order appointing a temporary guardian, serve complete copies of the petition, the court's order, and the notice required by IC 29-3-6-2 on every person entitled to receive notice under IC 29-3-6-1(a) and on each additional person to whom the court directs that notice be given.  The requirements of this subsection are in addition to the petitioner's obligations under Rule 65 of the Indiana Rules of Trial Procedure to make a specific showing of the petitioner's efforts to provide advance notice to all interested persons or the reasons why advance notice cannot or should not be given.


    (c) If the court finds that a previously appointed guardian is not effectively performing fiduciary duties and that the welfare of the protected person requires immediate action, the court may suspend the authority of the previously appointed guardian and appoint a temporary guardian for the protected person for any period fixed by the court.  The authority of the previously appointed guardian is suspended as long as a temporary guardian appointed under this subsection has authority to act.


    (d) A temporary guardian appointed under this section has only the responsibilities and powers that are ordered by the court.  The court shall order only the powers that are necessary to prevent immediate and substantial injury or loss to the person or property of the alleged incapacitated person or minor in an appointment made under this section.


    (e) Proceedings under this section are not subject to the provisions of IC 29-3-4.


    (f) A proceeding under this section may be joined with a proceeding under IC 29-3-4 or IC 29-3-5.


    Why would you need your mom to have custody of your kids if they're going to live with you? I would really think long and hard about giving anyone else custody of your children and talk to a lawyer in your area.

    Maternity has never been established? I surely hope you meant paternity and that's a typo...

    Why do you think your kids would be removed from your home?

    If both parents consent then the court may grant custody. You might have to end up paying child support too - fyi. You may want to ask the father of the oldest about this issue. I believe he would have to be notified anyway.

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