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 husband�s 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 cousin, the son of this same aunt and uncle, 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? He wants to take them to Disney World in Florida for a week this summer. We are not comfortable with him taking them out of state, that far away for a week or so. The girls are covered under our health insurance. With us having full legal custody, we believe we have the decision making rights. Our thought is, what if something happens to one of them while they would be gone out of state? Then one of us would have to leave our job, have the expense of traveling down there, the expense of our stay while there, in order to be there to make decisions regarding their health, etc. That does not seem a fair request of us. We do not have unlimited income/disposable income.
2 Answers from Attorneys
Please repost concerning whether these are paternal or maternal grandparents and what were the circumstances that caused the girls to not be in the custody of their biological parents? Are either of the biolocigal parents still alive? Were they married, divorced? Was this a paternity situation?
He has the rights the court would give to him; there is nothing automatic about it one way or the other. However, I am not sure that denying the children a chance to go to Disney World, simply on the off chance that they might be hospitalized, will carry much weight with any judge. Such a position would preclude the children from ever travelling more than 100 miles away from you, for any reason, until they are 18. Getting older would not decrease their chance of a medical emergency.
Some times, you just have to accept your own nervousness as a part of letting children grow up and experience life. But, you can always tell the other side you won't do anything until a judge tells you that you have to permit such a trip; that is within your rights, even if it is not wise.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
