Legal Question in Family Law in Indiana
Father's rights
Son divorced,ex-wife playing games. Wants son to sign over rights to children (he's not going to),she says she has given her parents the rights to children. Son pays child support on time (more than he should)and travels 41/2 hours every other weekend to see them. My question is can her parents take the children or does my Son have the rights to them? Even if his ex-wife said she has given up her's to her parents? She has 3 court dates coming up for bad checks and shoplifting and I think she's afraid she'll lose the kids and the $800.00 a month in child support (for 2 children).
1 Answer from Attorneys
Re: Father's rights
In a case like this your son's rights to his children trump any other parties' rights, even other relatives.
Sounds to me like he needs to file a motion for modification of custody and have a hearing -- and that he could win it, if he wants.
His ex sounds like she has several screws loose. She cannot GIVE the kids to someone else and tell him "tough luck." Doesn't work like that, thank goodness.
Parental rights are STRONGLY protected in Indiana....
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