Legal Question in Family Law in Indiana
Choosing an Aunt and Uncle over birth mother.
How likely is it that a judge will give custody back to an ex-con mother over an upstanding Aunt and Uncle completely dedicated to the well-being of children. We have read the guidelines for a CASA worker to follow. We meet 17 out of 20 criteria without changing our lifestyles. The mother was convicted of 6 armed robberies and 1 child neglect charge. She was pregnant at the time also. She has given up rights to the other two children and given birth to another. She also had drug addiction problems. She is out of prison now and living with the mother of the individual she committed the crimes with. She says her boss hires drug addicts, ex-cons and wino's. So she is still around the same environment she was in before prison. What is the chance that the child I am raising will have to go back and live with her. The child's father, my brothe, has already signed over rights to us.
2 Answers from Attorneys
Re: Choosing an Aunt and Uncle over birth mother.
You do a good job with the facts but this form is not really designed for complicated fact patterns. You do not explain if you have filed anything with the court or are just doing this informally. Or if it is in court, what type of case.
My first suggestion is that you get yourself an attorney now. Why? Take a look at this article on my Indiana Family Law & Divorce page: http://www2.blogger.com/posts.g?blogID=1442020469207898141&searchType=ALL&txtKeywords=&label=Third-party+Custody
Make sure to read the case I commented on.
You may have a good case which you have a good chance of squandering without legal counsel.
Re: Choosing an Aunt and Uncle over birth mother.
The court will usually give a biological parent a lot of leeway. However, the court must rule in a manner consistent with the best interests of the child. You have presented some facts that favor placement with you over the mother. ontact an attorney.
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