Legal Question in Family Law in Indiana

My husband and I have full legal custody of two young girls, ages, 6, almost 7, and 9. Their great-grandparents, which are also my husbands uncle and aunt, had full legal custody of them for 5 years prior to them signing over custody to us this past August. This due to their ages and health. Now, the girls' grandfather, my husband's aunt and uncle's son, and his cousin, is threatening to take us to court as he wants the right to take the girls on a trip out of state. He is stating that "grandparents have rights too". We have never not allowed him to see the girls. They have stayed all night with him and his parents, the afore mentioned great-grandparents at the great-grandparents house, as he was living there with them off and on this past several months. We have informed them all of the girls' school events, their ball games, etc. thus allowing them all to be involved and to see the girls. My question is, what are his rights? Does he have any right to take them out of our home state of Indiana?


Asked on 6/01/11, 5:10 am

1 Answer from Attorneys

You have not provided enough facts so that a determinaiton of what his rights may be can be made. Additionally, it would be nice to know if the cousin that you refer to is the biological father and what "out of state" means.

His rights are set forth in IC 31-17-5 Chapter 5. Grandparent's Visitation You should read the statute and see whether he fits the definition of a grandparent who has rights.

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Answered on 6/01/11, 5:45 am


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