Legal Question in Family Law in Indiana

An unfit mother and father (unmarried) awarded guardianship to the mothers aunt and uncle. The boy was three months old at the time and the mother was in jail. It is now a year and a half later and the mother, her sister, her brother in-law, her mother, her father, her brother, and her sister in-law agree that the boy should be living with the sister and brother in-law. What must happen for this to occur?


Asked on 12/03/09, 8:08 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

The sister and b-in-law can petition to have the current guardians removed. They will have to show why that is in the child's best interest. It is not a majority vote of family members that determines this. They must show the harm coming to the child from the current situation, living with great-aunt and great-uncle.

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Answered on 12/09/09, 12:48 pm


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