Legal Question in Family Law in Indiana

stolen custody

Last May I went to California to try and have a better life than what I had in Ky. I let my dad and step mom keep my daughter in Indiana until I was sure the move would last but it didn't and I came back in August. They sent me guardianship papers while I was in Cali but I didn't feel as though I should sign them as at the time I was planning on bringing her to me. When I came back east I started working immediately so that I would have a place for her. They continued to hound me saying that they had to have guardianship for school and medical stuff. They told me that it wasn't permanant and that I could have my daughter at anytime when I was ready. Finally after 6 months of trying to get on my feet and being hassled everyday i signed saying to myself that it wasn't permanant. Now they are moving farther away so I can see her even less. It's a two hour drive as it is. They lied to me to obtain my daughter. They have only legally had her for 4 months and I want her back. They were not even around for the first six years of her life and now they say they take better care of her. She is seven now and begs me to take her with me. i was duped! what can i do?


Asked on 6/30/08, 5:29 pm

2 Answers from Attorneys

Re: stolen custody

What do you mean by guardianship papers? IS there a court order granting them guardianship? If so, you will have to petition the court to terminate the guardianship.

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Answered on 7/02/08, 12:40 pm
Gregory Napier Troutman & Napier, PLLC

Re: stolen custody

I hope an Indiana lawyer will answer this also because the laws may differ. What you did, without meaning to, was allow Indiana to have jurisdiction over matter by leaving her there for over 6 months. This may be a good thing if Indiana has a more difficult de facto custodian law. If this were in Kentucky, by leaving your child with the grandparents for over a year and allowing them to provide the primary financial resources to her for that year, you allowed them to establish that they are defacto custodians. The guardianship papers did not cause this to occur - it was the lenght of time. A defacto custodian, if proven, has the same standing as a parent in custody matters in Kentucky.

Find a family law attorney in Indiana to give you more specific information. You might find a lawery in Louisville that can practice in both states to assist.

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Answered on 7/01/08, 1:12 pm


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