Legal Question in Family Law in Indiana

My granddaughter is 8 1/2 yrs. old. Her mother (my daughter) is single and was unable to provide a good home to raise my granddaughter. My 33 yr. old son has been raising and supporting my granddaughter for the past 4 years. My daughter had later moved in with my son and has been living in his home for the past year. My granddaughter has had bi-weekly visitations with her biological father since she's been approximately 1 yr. old. He has lost his driving privileges permantely due to past DUI's and has been paying child support due to his garnished wages. My son has supported and cared for my granddaughter for 4 years now and, now, her father has informed my son that he is seeking custody of my granddaughter. He has never attempted to gain custody before now. My granddaughter has a much closer relationship with my son, than her father, and would be devastated to leave and move in with her father. Will you please advise me if the biological father could gain custody of my granddaughter? Thank you, in advance, for your assistance.

Sincerely,

Sue Kaminski

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