Legal Question in Family Law in Indiana
child custody
our daughter is incarserated. she wrote aletter giving us power of attorney and guardianship of her children. this is noterized .her boyfriend took the children. is there anything we can do?
1 Answer from Attorneys
Re: child custody
You need a guardianship and/or a petition to intervene in the paternity suit for the purposes of being awarded custody. You have no right to take the children back from their father (assuming the boyfriend is the father) without a legal proceeding. You can use the notarized statement from your daughter as her consent for a guardianship.
However, if the boyfriend/father has much experience at caring for the child or children, then the court may merely make sure you have visitation rights.
You need to see your attorney right away.
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