Legal Question in Family Law in Indiana
Regaining custody after permanent guardianship has been granted
My son is 16 years old. He currently lives with his grandmother in Indiana. She's had permanent guardianship for 6 years. I am married and currently live in Virginia. We are a dual military marriage. My son recently called me and said he wants to live with me in Virginia. The grandmother is not willing to cooperate, even after my son has expressed his wishes to her in person. What steps should be taken to get the ''legal ball'' rolling? Is something like this usually a difficult process? Will I need a lawyer, or can I start the legal process myself? Can my son start the legal process alone or does he need a represenative due to his age?
1 Answer from Attorneys
Re: Regaining custody after permanent guardianship has been granted
You should hire an attorney in Indiana to file your petition to terminate the guardianship. However, you can at least write a letter to the judge of the Court that established the guardianship to request it be terminated. The judge will then set it for a hearing.