Legal Question in Family Law in Indiana
I am the custodial parent of a 13 yr old son who I am thinking about sending him to live with his maternal grandmother in cook county, il. I live in indiana. The initial child support and subsequent transfer of sole physical custody from mother to myself also originated in cook county, il. If I send my son, I would like to grant his maternal grandmother guardianship. My son's mother still retains her parental rights, but has had no contact for years. How would I go about doing this? does it have to go through court or can we create a notarized "contract" to avoid excessive legal fees?
2 Answers from Attorneys
Your best bet is to go through court. The notarized document without court approval may not be enforceable.
If custody was granted in the state of Indiana, then jurisdiction is here. However, it would appear that all was done in Cook County, Illinois. There would have to be a legal filing here to try and get jurisdiction transferred here. The easiest thing to do is to hire a lawyer like Mr Padove to file for you in Illinois. This is something that you really need a lawyer to handle. It is not as simple as you want it to be. You're not likely to do this with a notarized statement.