Legal Question in Family Law in Indiana

My ex-husband and I have joint custody of our two children with physical custody of one to each of us from ND which is his place of residence. He is currently on life support in MN and my son is staying with grandparents because of proximity. I am in Indiana.

If/when he passes, do I automatically get physical custody of our other son? Can the grandparents keep me from him? Where, if needed, would I need to file for an immediate return of my son?

I ask these to cover all bases. The grandparents and I have a verbal understanding considering the circumstances, but something they said the other day just grabbed me wrong and I have been uneasy.


Asked on 10/11/11, 12:20 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

If the decree is a North Dakota decree, you need to post this question in that forum. Each state has different laws.

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Answered on 10/12/11, 11:17 am


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