Legal Question in Family Law in Indiana

Child Custody

When I left my husband I had nowhere to go and no money so I gave my husband guardianship of my 6 year old son. My son is not my husbands biological son nor does he have any legal rights. However, we signed and notorized an agreement. Is this notorized agreement legally binding since it has not gone before a court. Can I get my son.


Asked on 6/29/09, 4:59 pm

2 Answers from Attorneys

Re: Child Custody

Go get your son. Uness there is a court order for guardianship or custody you should be in good shape.

Read more
Answered on 6/29/09, 5:02 pm
William Nesmith Dunlap & Nesmith, LLC

Re: Child Custody

First of all, I assume that you were not married to your husband when this child was born. If you were, he is presumed to be the father and has the rights of a father, so you would be facing a custody fight.

However, assuming you were not married to him then, you would probably be able to take your son back into your custody.

There are several possible complications here, though, so you should seek the assistance of an attorney.

Read more
Answered on 6/29/09, 5:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana