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

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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: 5 months ago.Category: Family Law
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Answered in 13 minutes by:
11/17/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 5 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,111
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.

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Family Lawyer: Gerald-Esquire, Lawyer replied 5 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

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