Legal Question in Family Law in Indiana

Illegal grandparent custody

I married my wife and adopted her daughter from a previous marriage 7 years ago. After a few months, we let her stay with her grandparents because of conflicting work schedules. We never remanded custody or signed any papers, and she was only supposed to stay with them until we got our schedules ironed out.

My wife refuses to go against her mother, who will not give the child back, nor will she even discuss giving her back. She uses our daughter against us and has now had her for over half of her life. I have suggested taking the police over to their house and simply taking the child back, but my wife wants to keep things peaceful.

What I need to know is, does the grandmother in question have any right whatsoever to have her at this point, and is there anything legal preventing me from simply going and taking back my daughter? Similarly, does the grandmother have any rights to see her, because if that happens, the grandmother will no longer be a part of our lives.

Thank you.


Asked on 3/20/08, 4:50 pm

1 Answer from Attorneys

Re: Illegal grandparent custody

You have some real problems.

1) You have an absolute right to show up there and take your child. Have your adoption papers with you. Right now, their has not been a legal determination that they should have custody.

However, having allowed her to live there for over half of her life, you have created a situation wherein the grandparents can be cosnidered de facto

parents, and as such, have a right to file for custody.

They may or may not have rights of visitation. More facts are needed.

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Answered on 3/21/08, 11:22 pm


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