Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am a grandmother to 2 children - ages 11 & 13. They have…

Customer Question
I am a grandmother...

I am a grandmother to 2 children - ages 11 & 13. They have lived with me most of their lives. (Indiana) I have had full custody for the past 5 years. Father deceased/mother in and out of jail/prison. Mother has been sober for 1 year, had another baby and now says that she is going to go for custody. Both children are adamant that they want to stay in their home and are now scared. Chances?

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes. States that there is case law and chances are not good for mother but I am scared since courts side with only living parent

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Indiana

Submitted: 8 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 13 minutes by:
11/17/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,353
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It is a very expensive and time consuming process for a parent to regain custody after they have lost it as a result of substance abuse. The fact that you have had the children for 5 years and that they wish to stay with you is going to be significant.

Also the Court is going to require the mother to demonstrate that they are fully capable of raising the children.

This process is likely going to take years, not months. Even if she is successful it will not be until far down the line. As the children get older their desires will weigh more heavily with the court.

The Court's consider what is in the best interests of the child, not the mother's desires. The factors that they consider are:

- The child’s wishes

– The child’s relationship with their caretaker and the parent

– The age and needs of the child

– The capacity of the parent to provide a safe environment for the child

– The physical and mental health of the parent

– The amount of time each parent has spent with the child

– The previous history of substance abuse and a criminal record

Of course I do not have a crystal ball and do not know what the future will hold. BUT Your life with these children is not going to change over night - if at all.

Try not to be scared nor over worry. But do do your homework. Consult with your attorney, do what he avises in terms of documentation, and record keeping.

Make sure to report any threat or harassment by the mother. Make sure that you do not have or initiate any altercations with her. Just report them and have your attorney obtain a restraining order if necessary. All that will be good for you.

Mostly, enjoy your grandchildren, and provide them a safe and happy life. Do not dwell on your fears, they are largely over blown.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 5,353
5,353 Satisfied Customers
Experience: Over 30 years of experience.

Gerald-Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Im asking for a friends mother (grandma) my friend lost her
please im asking for a friends mother (grandma) my friend lost her son due to drug addiction and the father also signed rights to his mother of their 8 year old.. (Years ago) now the mother by the gra… read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
My husband and I are looking to get custody of our nephew
My husband and I are looking to get custody of our nephew who it 13 years old. He has been living with his grandmother all of his life with his mother coming in and out of the home. His mother returne… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,847 satisfied customers
My son is in federal prison and has given me power of
My son is in federal prison and has given me power of attorney over him. My grandson's mother was not married to my son, and has left my son she is living with a heroin dealer and she is an addict and… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
My husband had an affair witch resulted in pregnancy. The baby
My husband had an affair witch resulted in pregnancy. The baby is less than one week old. He signed the birth certificate and the baby has his last name. He's provided all needs for the newborn for bo… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Child Custody State of Pennsylvania. I am a maternal grandmother.
Child Custody State of Pennsylvania. I am a maternal grandmother. My 3 grandchildren have been living with me since June 2012 when I discovered both of their parents were on heroin. Since then my daug… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I am the grandmother of a 2 1/2 year old. Previously had guardianship
I am the grandmother of a 2 1/2 year old. Previously had guardianship thru DCF because the baby's mother and father committed crimes and had the baby with them when they were arrested on 10-16-12 Both… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My grandaughter Marley has been in the joint custody of her
My grandaughter Marley has been in the joint custody of her maternal grandmother/ grandfather and paternal grandmother/ grandfather since birth. All of the grandparents are natural parents of Marley's… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am the grandmother of three minor children and their mother who all lives with me. The m
I am the grandmother of three minor children and their mother who all lives with me. The mother has custody of the children and the father has visitation rights.the father has been arrested for domest… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My exwife was arrested for 2 counts of armed robbery in Indiana.
My exwife was arrested for 2 counts of armed robbery in Indiana. Her husband has been in jail for about 7 months now and was arrested for armed robbery and a few other things. My son, who she has cust… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I live in Indiana. I do daycare in my home and have children
I live in Indiana. I do daycare in my home and have children that spend the night. Are there any laws regarding children ages 11, 6, and 5 of opposite sex sleeping in the same room. They don't sleep i… read more
max713
max713
Lawyer, Mediator, Partner, and COO
Doctoral Degree
1,179 satisfied customers
i signed papers about five years ago , when my brother went
i signed papers about five years ago , when my brother went to prison he gave his rights and guarianship to me. Also the childrens mother also did ,on the conditions on her papers were id have the chi… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
my daughter and her ex-boyfriend signed over gaurdianship of
my daughter and her ex-boyfriend signed over gaurdianship of their daughter to his mother he did this because he is in prison for thirty-four years and she told my daughter that she would be able to h… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
The grandmother of my 21 month old son has opened a case for
The grandmother of my 21 month old son has opened a case for visitation in Santa Barbara California, where she lives. However, I have full legal and physical custody of my son, and we live in San Bern… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
what is the percentage of foster children that get adopted
what is the percentage of foster children that get adopted by foster parents. the reason i ask is that i have a foster child who was given to me at the age of one and 1/2 days and now she is 13 months… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I live in Alabama where the legal age is 19, and I have a step
I live in Alabama where the legal age is 19, and I have a step daughter that has a one year baby that we are raising, (court custody) she was given to her mother, now the mother wants to take us to co… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
Who has better chance of custody in Kansas Father who is
Who has better chance of custody in Kansas? Father who is excon with violent history, not involved with child, age 6, til now when mother sought medical care for depression and had + UA for Meth?… read more
hocuspocusme
hocuspocusme
Attorney
Master's Degree
282 satisfied customers
My stepdaughter signed paperwork allowing her child to be under
My stepdaughter signed paperwork allowing her child to be under the temporary guardianship of the baby's father to allow the baby to be covered on health insurance. She lives in Texas and wants to rev… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Man and woman live together for four years. Woman has two
Man and woman live together for four years. Woman has two children by different fathers. Man is father figure to children and about to adopt them. They file Taxes together in the state of Texas. Man g… read more
Marcus Parker
Marcus Parker
Doctoral Degree
244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x