Indiana Court (Henricks County) awarded guardanship of my nephew to aunt in Indiana, because my broher had moved to NC. At no time were we told that we could only see the nephew the day of the court hearing. Our lawyer did not inform us of that. We understood that we justg had to let the guardan know 72 in advance of the visit. We have done that many time andshe will not let us visit him or even talk to him on the phone. I have found out from the current house manager that she will not let him have any mail or packages from us. I am is Aunt of Father side. I was involved in this action as I was helping my brother take care of Chistopher. Christopher's mother passed awary in 2000. In 2005 the father moved to NC to establish employment and arrangement for his sone. The son is mentally handicap. Indiana had better schools for people like this. So we had to arrange for someone to care for him while my brother and I worked. The uncle (Mother's brother) and aunt went to court to obtain guaranship so someone would be there if the son needed care. They understood that it was plan to move the son to NC. The uncle has since passed away. The aunt has been playing games and letting neither one of us to see or talk to the son. I do not care if I get to see him but I think the guardian hending the relationship between father and son. What can we do to fix this.
Country relating to Question: United States
State (if USA): Indiana
The father needs to file a motion to change guardianship and get himself named guardian over the child. I am afraid that this is really the only chance that anyone has of getting the changes and the relationships restored that you are seeking. As long as the aunt remains guardian, she has the right to deny the visitations and the father has to file his motion to change/modify in the court where the original ruling was entered.
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Can the father do this since he lives out of state? Would he have to move back there?
The father can do this, but would need an attorney to represent him to get it done and get the custody modified.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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