Legal Question in Family Law in Indiana
custody rights
If the mother of a child, who lives in another state, gave her child to her child's father's mother for a period of time. (this was all verbally) and it is only half way through that time, and the mother wants the child back. DOES THE GRANDPARENT HAVE TO RETURN THE CHILD? We know the mother will not come up here to retrieve the child, because of all of the warrents out for her arrest in this state. (this is why she has left the state). What rights does the grandparent have?
1 Answer from Attorneys
Re: custody rights
If mom and dad weren't married, then in Indiana mom would be the presumed sole legal custodian of the child. However, that presumption can be rebutted by showing she abandoned the child, is unfit or acquiesced to the child's care by others and now that child and the third party are bonded.
If you fight for custody of the child, there's a good chance you could get that, but you definitely need to hire an attorney.
Hope this helps. Let me know if you have other questions.
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