Legal Question in Family Law in Indiana

when you have legal guardianship of two children, Can the mother remove the children whenever she wants? I am not the father, but the Legal guardian and the only father the kids have known for the past seven years. I was engaged to her three years ago until her Bi-Polar depression got worse. The mother ended up going to prison for two counts of robbery, one of which the kids were with her. She will get released in july of 2011 or earlier. The mother, grandmother, brother and his wife all signed the petition to the court to allow the children to live with me and for me to be a permanent Co-guardian with her brother and his wife. The court granted this in January of this year. I paid for not only her brother and his girl friend (now wife) to have guardianship but also mine. I did this to keep them out of the foster system. I and the kids have lived through her addiction and crimes. I take the kids to see her and pay for the phone calls for her to call our kids. The guardianship papers do not state that she has to have contact with them at all but in the interest of the kids, I have taken them to visit her and paid for the phone calls once a week for the las two years. She gets herself worked up in prison and lashes out at me. She threatened that she could have the kids removed from my home after getting angry with me that I didn't answer her cousins phone call telling me not to bring the kids. She said " I will tell you anything I want" and hung up. Can she just come over and take the kids just like that? The kids are not abused and she has no grounds to take them. She needs to prove herself to her brother and me before taking custody of them again. Visitations and spending every other weekend with her is the start her brother and I would like to make.


Asked on 3/28/10, 4:24 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Answer to your question is no.

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Answered on 4/02/10, 7:58 pm


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