My son and his wife are fighting to get their baby back from his wife's mother who has guardianship right now. The grandmother went after them both for child support. My son lost his job and is looking for a part time job as he is in college full time working on a career. My husband and I our his support team at this time and pay to keep the house going and pay his support. His wife is frustrated cause they went after each of them separate for support even though they are married. She is thinking of signing away her rights to their son, However my son refuses to give in to his in-laws and will not sign his rights away cause he still wants his son back home. If his wife signs away her rights to their son does the grandmother who has guardianship lose her rights to as a grandparent? We live in Indiana.

His wife CAN'T sign her rights away. This is a myth that has no basis in fact. Only a court can terminate parental rights and courts are very reluctant to do so. The only way the mother can relinquish her rights is to clear the way for an adoption. As long as your son refuses to go along that won't happen.

How did this guardianship come about? What were the terms?

They had separated for about 2 months. She went to New York and when she found drugs in the home she was sharing she called her mom to come get her son for she wanted him out of there safely and back in Indiana before she left New York to make sure

When the grandmother came to pick him up told her that she was signing a paper to transport him back safley to Indiana. However she signed it half asleep believing her mother but she had eneded up signing a paper that said she was unable to care for her son at this time. While my daughter in-law was on her way back to her husband her mother filed for emergency guardianship of their son but only through her they never had my son served at all but he was at all the court hearings. The attorney we consulted with advised us to have a home study done because the grandmother is saying they are unstable which they are not I live with them plus I have permenated guardianship of another grandchild if they were that unstable as she is saying I would never have gotten my granddaughter I have now and have had since April of this year. However like I said in the first post. My daughter in-laws mom his having her attorney draw up the papers for her to sign giving up her rights

Shoot scottGem I put my answer back to you in the wrong spot and was answering my own question.. I hope you got to read it all.

I got it, just don't use the Comments feature to post follow-up.

Your son attending all the hearings, takes away any claim that he was not aware of what was going on. She needed, at least temporary, guardianship to be able to make decisions for the child.

But when my son did go to court they both made it clear to the judge and the courts in writing that she the grandmother is not their choice of who they wanted to have guardianship of their son. The judge did not care what they said or wanted. It is a small town the judge is family and hears all the cases for that family. The attorney is a close friend as well and the CASA worker she drags to all our visitations is married into the family. My son and his wife was not even given a chance to be parents and to prove themselves. The grandmother took over the day the baby was born in fact the mother was not the first to hold her child the grandmother was and never let go after that. I fill my son my be screwed out of ever getting is son back.. I am trying to do everything I can to help them.

If the judge is related to this family he should have recused himself. By not doing so, he gives grounds for the appeal of his ruling. Your son has to take this to a higher court and than means getting an attorney.