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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9339
Experience:  since 1983
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I reside in Indiana were I have joint custody of my 16 year

Customer Question

I reside in Indiana were I have joint custody of my 16 year old,were the mother passed away July 3,2016 from cancer,we were never married. I would like to file for emergency hearing for custody,because the 16 year old is in the grandmother home. I have been supporting my child and I would like custody of her because grandma can't control her and the other sibling from the deceased mother! The mother had 3 girls,3 different fathers ages 18,16,9.I can't reason with the family about my daughters well being with her Daddy anymore when mom was alive.I would like custody of my daughter and then I could then set some standards and boundaries, where grandma would see her granddaughter,because now she's running out of control. What forms should I file? Is there a cases number that you can refer me to?Is there a lawyer in Indiana 46404 area code where you refer me to,any kind of positive feedback would be outstanding and royally appreciated,so in advance thank you and may God add Blessing to you and your family. AL Smith.
Submitted: 12 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 12 months ago.

Thank you for your question.

Is the child in Indiana?

Was there a court order that addressed child custody and recognized you as the father?

Customer: replied 12 months ago.
the child,the grandmother,my childs school are all located in Indiana,and 15 minutes in walking distance from one another.
Yes, paternity was set back in 2002 or 2003, but the mother never used my last name for my child. I do plan on obtaining that paternal order July 29,2016,Thank You.
Expert:  N Cal Attorney replied 12 months ago.

If paternity was established, you have the legal right to custody, and can enforce it by writ of habeas corpus, see

which states: "A habeas corpus proceeding under IND. CODE 34-1-57-25[4] is the proper procedure to obtain custody of a child wrongfully held. Scott v. Scott (1949), 227 Ind. 396, 86 N.E.2d 533; Ortega v. Ortega (1974), 161 Ind. App. 244, 315 N.E.2d 370."

You can get a free consultation from some of the Indiana child custody attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.