Legal Question in Family Law in Indiana

Guardianship

I have been caring for two children that belong to a friend of mine for the past 5 years. Recently she willingly signed over gaurdianship to me via a document notorized in the state of Indiana. She was recieving food stamps & welfare for them while in my care. She was keeping the assistance for herself except giving me roughly $60 a month in food stamps. The children went to her house for the weekend and now she refuses to bring them back. She is unfit and has not proven to be stable. Other than the $60 in food stamps, and an occasional $20 or so for lice medicine for her children, we have not received any support rather it be financial or emotional. We have encouraged her involvement, but she has not demonstrated any desire to be a positive role in their lives. We love the children, and she threatens to take them away to be spiteful. My question is do I have any legal rights to the children? If so, what is the next step? We are worried that we would lose gaurdianship of the children if we pursued this matter legally becuase the oldest child's father has been ordered to pay child support, and that he would get custody of her, even though he has no involvement with her.


Asked on 10/05/02, 6:50 pm

1 Answer from Attorneys
Dorene Philpot Philpot Law Office

Re: Guardianship

You need to file a petition for guardianship of the kids right away.

The paper that she gave you isn't binding on her legally, though it will be useful to show her intent in the past and also show your having taken care of the kids.

But you cannot go to court and enforce this document.

You have to file a Petition for Guardianship, and then the court can grant you the guardianship officially.

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Answered on 10/06/02, 6:09 am


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