Giving Custody to a Grandparent?

[bambi66]

Non-Custodial Parental Rights?

HELP - This is in Indiana.

If a grandparent wants custody of a child, what rights does the non-custodial parent have? The non-custodial parent has had NO contact with the child for 13 years. The custodial parent is willing to sign rights over to the grandparent.

 

[bambi66]

HELP! - Need an Answer

I am still needing an answer. Does the non-custodial parent have any rights after 13 years of NO contact? Can the custodial parent sign over rights to the grandparent without non-custodial parent's consent?

This is in Indiana.

 

[4gals1guy]

There is an attorney from Indiana who answers alot of questions here. Hopefully she/he will see your post. However, from what I know, parental rights can be taken away without the parent's consent for not paying child support or exercising visitation for a certain amount of time -- 13 years would surely be long enough.

 

[TxStep]

The following site lists the grounds for termination of parental rights in each state. In Indiana "Abandonment or Extreme Parental Disinterest" is grounds for termination.

http://www.calib.com/nccanch/pubs/sag/table.pdf

Are you talking about having the grandparents ADOPT the child? If so, IC 31-19-9-8 applies, which states that consent for adoption is not required from a parent who has abandoned the child.

http://www.in.gov/legislative/ic/code/title31/ar19/ch9.html

 

[bambi66]

In this case, the custodial parent wants to sign their parental rights over to the grandmother. I don't think this is an adoption. Does the adoption criteria still apply? Do we need a lawyer to sign over parental rights?

 

[bambi66]

Just bumping back to the top.

 

[tmontz26]

Is the ncp on the birth certificate? If so, I would think that both parent's would have to agree to an adoption. In no contact I assume you mean no child support either?

 

[bambi66]

Yes, the ncp has had absolutely NO contact for 13+ years, including the fact that they were ordered to pay only $25/wk in support. Can the cp write a letter (and have it notarized) to whom it may concern stating that they are granting permission for the grandparent to take over the legal custody of the child? The child is almost 17 and wants to live with the grandparent. I am the sp and this child threatened my life on more than one occasion due to being punished by his cp. We have moved the child into the grandparent's home for my safety. She now will not let us make any parenting decisions and only bothers us for money. She has always questioned our rules and punishment in front of this child. This is something that the grandparent and the child want as well as the cp at this point due to the constant interference. We have 3 teenagers in total and the other 2 have no problem with the rules and or punishment.

 

[bambi66]

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