Legal Question in Family Law in Indiana
rights of the noncustodial parent
my ex husband has custody of our two girls.he is going overseas soon with the national gaurds.although we have a good relationship and share in the raising of our kids,he is wanting to keep with his fathers wishes and give temporary custody of the kids to his father while hes gone.hes says he doesnt want the kids to have to change schools,and by them living with me they may have to do that.he is going overseas by choice.i feel that the kids need to be with a parent.i live in a different state.i pay support.i have a good home.im remarried.i have other chidren that live with me from this marriage.can i fight this and win?
1 Answer from Attorneys
Re: rights of the noncustodial parent
Your ex-husband's father has no more right to custody of those kids than I do.
If he doesn't want custody anymore, he cannot choose someone else instead of you.
You are the next person in line.
In order for Dad's dad to have custody, they would have to prove you unfit, which is pretty darned difficult to do, and then the court would have to approve Dad's dad as a suitable custodial caregiver.
YOU have the rights here, not Dad's dad.
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