Legal Question in Family Law in Indiana

Child Custody

I have a family member who is in Jail and will be getting out by the end of the year. While in jail his ex-girlfriend gave temporary custody to his 2 kids to her family members in Oklahoma. Her family has had the kids now for 6 months. The mother of those kids does not want my brother to see his kids. He is the bilogical father and wants to get his kids back. Yes, he has had pass encounters with the law but he wouldn't do anything to hurt his children. The family in Oklahoma said that those kids are legal residents of Oakloma now and he would have to take them to court out there. Those kids we're born in Indiana and the father is in Indiana and never gave up his custody rights to those children. What is the best way to handle this situation. Should his family file paperwork right now while the father is in jail or does it have to wait until he gets out. Anybody who can help our family, we really want to get those kids back to their biological father.


Asked on 8/08/07, 2:14 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Child Custody

Has your family member established his paternity in a court of law? If so, does he have parenting time (visitation)rights? If so, there may be something that can be done locally.

If not, then he may have to go to Oklahoma.

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Answered on 8/08/07, 8:51 pm


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