Legal Question in Family Law in Indiana
My husband is a non-custodial parent to his twelve year old son. His son has never lived with us but, he has always lived with his mother. His mother died last week and now this child is living with his step-father. My husband has always paid his child-support on time and seen him throughout his life. My question is, how hard is it going to be to get legal custody of this child? My husbands name is also on the birth certificate as the father. What will we need to do to bring him home with us legally?
1 Answer from Attorneys
Your husband is the preferred person for custody, especially if he has always seen the child and has a relationship with him. That being said, you should contact an attorney as this is a delicate situation and the stepfather could seek custody.