Legal Question in Family Law in Indiana

how can child be returned to mother?

I have a friend who went into rehab and before she left she signed a peice of paper that said if mother was unable to care for child then grandparents shall keep child until mother can take care of the child. The child was returned to her mother after getting out of rehab. The grandparents then went on vacation and asked if child could go, mother gave permission. Upon return from vacation the grandparents have since refused to turn child back over to mother. I have looked every where i can think of on the net on how to help but came at a loss, so I am hoping this will help, so i can pass advice on to mother. Thank You!!!


Asked on 7/07/04, 7:59 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: how can child be returned to mother?

Assuming that the grandparents do not have a guardianship established or that the children are actually placed with them by the State, then the grandparents are interferring with mother's custodial rights. She should seek assistance of the local prosecutor; alterntively, if there is a custody order between the mother and father, she might get away with filing a petition there for return of the child.

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Answered on 7/08/04, 9:47 am


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