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  1. #1

    Default Requesting Guardianship from Grandmother

    My question involves guardianship in the State of: IN

    Trying to make this as short as possible...my husband's son, "Elliott" (he is 16) was given over to us by his ex-wife because she couldn't handle him. After my husband got custody of him and the "party" was over and the rules were being enforced, my husband was in the same place as his ex. Unable to handle him, he would go to school and say he was being abused, physically and emotionally, which the teachers and counselor at the school had said it was just because he wanted to go live with his grandmother. After doing research and talking to a therapist, he thought he would see if his son acted better there, and he did. There was a power of attorney paper signed for school and medical. Child support was sent on a monthly basis based on one half of what my husband would be obligated to pay. The grandmother claimed "Elliott" on her taxes for 2008 although Elliott was only there for 3 months and she made a deal with my husband that he didn't need to pay child support for the year because she didn't want to have to return the money to the IRS.
    So now we have gotten a court date for a guardianship hearing and we are guessing she is getting pressure from government services for housing, food stamps, etc. Grandmother has called wanting more money which there have been checks written for, but of course those go under the radar for housing benefits and such. This was supposed to be temporary but because he was doing well in school my husband and his ex thought that this was what was best, now they are wondering what they should do. The ex wife doesn't think she can do much since she doesn't have the custody anymore, but her name is on the guardianship papers to.
    My question is: The custody with my husband is in Ohio doesn't she have to request guardianship in this state versus Indiana to "override" the custody papers? Will my husband and his ex be responsible for paying any government benefits that the grandmother may get with guardianship? If "Elliott" moved back here neither parent is on any assistance.
    Not so short...sorry

  2. #2
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    Default Re: Requesting Guardianship from Grandmother

    She would seek guardianship in the state where the minor is domiciled - since he lives with her, that's where she files.

    Your husband is free to contest the petition for guardianship, and attempt to regain custody. He can expect to pay child support if it's requested as part of a guardianship; part or all of it may go to the state if grandma's receiving public assistance.

  3. #3

    Default Re: Requesting Guardianship from Grandmother

    The only thing I saw in this post was this child being given up on and flung around like a yo-yo, no wonder he is acting out. On what planet is it ok to send a child to live with someone else because 'you can't handle him"?? WTF!?!?!? You may as well have told him "I'm getting rid of you like yesterday's trash". Don't wonder why he ends up getting in worse trouble than the issues he's having now.

  4. #4
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    Default Re: Requesting Guardianship from Grandmother

    Quote Quoting JustMe10628634
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    The only thing I saw in this post was this child being given up on and flung around like a yo-yo, no wonder he is acting out. On what planet is it ok to send a child to live with someone else because 'you can't handle him"?? WTF!?!?!? You may as well have told him "I'm getting rid of you like yesterday's trash". Don't wonder why he ends up getting in worse trouble than the issues he's having now.
    You have resurrected a thread that is nearly eleven years old about a child who, while 16 at the time, is now 26 or 27. WTF is the point of this?

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