Legal Question in Family Law in Indiana
Custody & Visitation
The biological mother labandoned her two small children with me )basically a stranger) almost 4 years ago. A year and a half later after she left I was granted guardianship from Lake County. For the last 2 years I've had a protective order on her due to repeated threats. Now she wants to try to get them back or at least visitation. We've become a family and tearing these children from all they've known will destroy what's left in their mindset as stability, home and family. What can I do to keep my family together? Also can Allen County take away my guardiandship that Lake county awarded me?
2 Answers from Attorneys
Re: Custody & Visitation
It is completely unclear what Allen county has to do with this. There is a presumption that the natural parent should have custody. What ought to happen is that the mother petition the Lake County court to terminate the guardianship. Allen County would have no authority to terminate the guardianship. I assume that you had an attorney to set up the guardianship. You need to call that attorney today.
Re: Custody & Visitation
I do not beleive that Allen County can modify a Lake County Order unless the guardianship case is transferred there.
You could obtain an order in Lake County for custody, even though you are not a parent. There is a presumption in favor of the mother, but that presumption can be rebutted. In your case, the abandonment, whatever you may have as a grounds for the protective order and the fact that you have a parent- like relationship with the kids may rebut that presumption.
Be aware that if the court rules in your favor, the mother may get parenting time ( visitation).
Also, my opinions are based on an assumption that the father is not alive or wants nothing to do with them since you did not mention anything about the father.