Ask Me Help Desk - Indiana laws on abandonment of a child

My husband just got his guardianship back of his two minor children 6 and 7. his ex wife was not given guardianship however the judge said there had to be a modfication on custody. She has not had any contact of these children for a year. She has known how to contact these children but has chose not to. She is still in legal trouble pending a case. So my question is what rights if any does she have and can her rights be terminated/

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Originally Posted by codycatt23

my husband just got his guardianship back of his two minor children 6 and 7. his ex wife was not given guardianship however the judge said there had to be a modfication on custody. she has not had any contact of these children for a year. she has known how to contact these children but has chose not to. she is still in legal trouble pending a case. so my question is what rights if any does she have and can her rights be terminated/

Are you talking about guardianship or custody? Why would your husband get guardianship of his own children?

Whether ot not you can terminate her rights depends on where you live - the answer is almost always no.

Does she pay child support?

What do the Court papers currently say about guardianship/custody?

Where were the children previously? Why did he need to regain guardianship? Was the ex a party to the court proceedings? What custody was awarded in the divorce? How long ago was the divorce? Has there been any court rulings since the divorce?

As you can see your question was pretty bare on information and we need a better understanding of the situation before we can advise. Until a court terminates her rights, she has the same rights as any parent, she just may have to go to court for those rights.

I can tell you its unlikely that her rights will be terminated unless you petition to adopt and she agrees to it. This is not an issue of abandonment.

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Originally Posted by JudyKayTee

Are you talking about guardianship or custody? Why would your husband get guardianship of his own children?

Whether ot not you can terminate her rights depends on where you live - the answer is almost always no.

Does she pay child support?

What do the Court papers currently say about guardianship/custody?

I'm talking about both really. They both got into legal trouble and had to sign the kids over to his stepmom. My husband got his life together . He has strong stablitly in his life. She is pending a criminal dui resisting law with a vechicle and suspened dl with a prior. My husband and stepmom went to the judge and got his guardianship granted back. Court papers state his name only. But the judge said since there was no custody set in divorce it would have to be modified. She stated to his stepmom that she was going to do a casey anthony case on these kids. She has had no contact in the last year with these kids. The court couldn't serve her famliy court papers because her address was returned. Therefore the court had to serve her in her criminal court hearing. The judge has been informed of all this. We are confused to how the judge that took them away for unstable and unsafe life and she has continued to stay in trouble make these kids go and see her when they are so emotionally hurt. Nightmares and crying and the sound of her name. They are scared they will have to go to where ever she is staying and have to go through the past all over again.what rights does she really have in the state of Indiana. And what is considered abandoment in this state. She does not pay support. And doenst try to be active or support them in anything they do. And hasn't in over a year.

Again, abandonment is NOT an issue. Abandonment is a criminal offense when leaving minor children without any adult supervision. That did not happen here.

You are saying there was NO custody determination during the divorce? Was guardianship awarded to the stepmom before the divorce was finalized?

Since she is not exercising her rights, there is no reason to do anything. If she tries to exercise her rights, then he can go to court to prevent it. But he should go to court to establish full legal and physical custody. That's what the judge was telling him.

Quote:

Originally Posted by codycatt23

im talking about both really. they both got into legal trouble and had to sign the kids over to his stepmom. my husband got his life together . he has strong stablitly in his life. she is pending a criminal dui resisting law with a vechicle and suspened dl with a prior. my husband and stepmom went to the judge and got his guardianship granted back. court papers state his name only. but the judge said since there was no custody set in divorce it would have to be modified. she stated to his stepmom that she was going to do a casey anthony case on these kids. she has had no contact in the last year with these kids. the court couldnt serve her famliy court papers because her address was returned. therefore the court had to serve her in her criminal court hearing. the judge has been informed of all this. we are confused to how the judge that took them away for unstable and unsafe life and she has continued to stay in trouble make these kids go and see her when they are so emotionally hurt. nightmares and crying and the sound of her name. they are scared they will have to go to where ever she is staying and have to go through the past all over again.what rights does she really have in the state of indiana. and what is considered abandoment in this state. she does not pay support. and doenst try to be active or support them in anything they do. and hasnt in over a year.

Scott said it far better (and probably in few words!) than I can - but he is 100% spot on (and he doesn't need me to tell him that).

She didn't leave the children at a bus stop (which is pretty much what the law requires) so that is NOT an issue BUT I did find this: "In certain circumstances courts have the power to terminate parental rights under Indiana Code Section 31-34-21-5.6. If a parent has been convicted of child neglect, which includes abandonment, as a Class B felony, ... rights can be terminated. Conviction for child neglect as a Class B felony means that some harm came to the child as the result of the parent's abandonment. If parental rights are terminated, the parent becomes a legal stranger to the child with no rights of contact. The child can be adopted as the legal child of a stepparent or other adoptive parent."

Has she been charged with a Class B felony regarding the children? If so, it's legal abandonment.

I can't imagine being in your shoes. All I can offer is moral support and legal advice, which Scott covered.

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Originally Posted by ScottGem

Again, abandonment is NOT an issue. Abandonment is a criminal offense when leaving minor children without any adult supervision. That did not happen here.

You are saying there was NO custody determination during the divorce? Was guardianship awarded to the stepmom before the divorce was finalized?

Since she is not exercising her rights, there is no reason to do anything. If she tries to exercise her rights, then he can go to court to prevent it. But he should go to court to establish full legal and physical custody. That's what the judge was telling him.

Yes to both of your questions scott and she has to be at the court hearing as well that's why we are scared thanks for your advice and for yours to judy

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Originally Posted by codycatt23

yes to both of your questions scott and she has to be at the court hearing as well thats why we are scared thanks for your advice and for yours to judy

If she's convicted of a class B (or above) felony she can and will be charged with abandonment. That would make your life easier!