Legal Question in Family Law in Indiana
Becoming a legal guardian
Is there a way for my wife to become a legal guardian of my children from my previous marriage? I have full custody, and my ex-wife is not in the most stable mind. At different times in the past 2.5 years, she has been in drug rehab, abandoned her children, signed custody over twice, and put them in harms way several times during week-end visitation. We would like to get her parental rights removed and given to my wife instead. I am also worried if my wife will be able to obtain custody of my children instead of their biological mother if something were to happen to me. My wife cares for my children dearly and does more for them than their biological mother ever has.
Any advise would be much appreciated.
Thank you
1 Answer from Attorneys
Re: Becoming a legal guardian
You should not seek legal guardianship, since if you die, that will not prevent your ex-wife from seeking full custody. Indeed, there is some precedent for her having an almost automatic custody right (though the guardianship would certainly slow her down). Your current spouse has no legal rights to custody and after your death, would have even less standing, even if she were guardian, if your ex mounted an effort to regain custody; even a legal guardianship would not necessarily mean your wife would be able to keep the kids if you died.
Best route here is adoption. It sounds like you may have grounds. You need to speak w/an attorney at length to see the possibilities of doing an adoption. This would remove ALL your ex's parental rights.
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