Legal Question in Family Law in Indiana
Can I get back custody
I left my husband and was planning on moving out of the state of Indiana but I did not want to move my 2 sons without a permanent place to stay. I gave my mom a notarized paper stating she had temporary guardianship for the next 2 months. She agreed to it but three days after I arrived in Texas she called me and told me that she wanted legal guardianship of them and if I did not sign the paper that was being sent to me she would tell the courts that I abandoned them. My other option was to go back up there and get them but due to lack of finances I had to agree to what she said. She has had custody of them for 4 months now. I am wondering if there is any way that I can regain custody of them? Thank you
2 Answers from Attorneys
Re: Can I get back custody
While your objective may present some challenges, it may be possible to challenge this guardianship.
From the facts given, it would seem that the present issues are here in the state of Indiana and will addressed as such. You may be able to ask a court to review the guardianship and terminate it based on a number of reasons. These may include intimidation, duress and fraud.
However, your success will depend on the strength in the credibility of your eveidence. One should also understand that this may be costly in the way of resources.
Re: Can I get back custody
Indiana would still retain jurisidction of the children since you have not been in Texas for 6 months.
I don't know Indiana law, but in Texas law, a notarized paper is not enough to change custody.
You do not elaborate regarding the 2nd paper you signed. That might make a difference. If it was paperwork for a court, then she might have legal custody by now.
In Texas, after 6 months a person obtains jurisdiction to ask for custody. I don't know the law in the other state.
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
