Jenkins v. Godbey

OPINION

BARNES, Judge.

Case Summary

Charles Jenkins appeals the trial court's dismissal of his petition seeking to obtain custody of G.J., his nieee and the daughter of Pamela Godbey. We reverse and remand.

Issue

The sole restated issue before us is whether Jenkins had standing to seek custody of G.J. by filing a petition under Indiana Code Section 31-17-2-38(2).

Facts

Godbey was married to Jenkins' brother, Warren Jenkins, and the couple had G.J. in 1999. Godbey and Warren later filed for divorcee; before the dissolution proceedings were final, however, Warren died. It would appear that within a…