Legal Question in Family Law in Indiana

Re: Mother wants full custody of her child

I assume that the custody arrangement between the mother and grandparent was approved by a court either as a guardianship in probate court or in a divorce court or custody in a paternity court. The mother must go back to the court which issued the guardianship or custody papers and file a petition seeking to terminate the arrangement. In all such cases the grandparent (or person with custody) has the burden of proving that the parent is currently unfit (note not was previously unfit) or has abandoned the child for so long that it would be unfair to sever the relationship between the child and guardian. Most courts will either restore custody or establish visitation guidelines which work toward putting the child back with the parent.