These documents, instructions and forms do not constitute legal advice and do not constitute a client relationship. Documents, instructions and forms do not replace representation with a licensed lawyer, and it is best to consult a lawyer and seek legal representation. On this page you will find forms to get custody of a child who is not your child. This is done through guardianship or imprisonment by third parties. These forms are intended to be used in cases of uncontested guardianship and custody of third parties in which the parents give their consent to the guardianship or guardianship of third parties. It is very important that before using these forms, you (1) read the legal guardianship information document for non-lawyers and (2) read the instruction document for each form you wish to use. The instruction documents can be found in the Instructions column, right in front of the corresponding form. The first question is, “Who can apply for custody of third parties”? There are two main ways for a third party to apply for custody.3 First, section 31-17-2-3(2) of the Indiana Code allows any “person other than a parent” to file an application for custody of a child. The Indiana Supreme Court has interpreted this law to mean that any third party (you) has the right to file an action in independent custody.4 Second, a person who is a “de facto custodian” can sue for a change of custody in order to obtain custody of the biological parents. Indiana Code Section 31-9-2-35.5 defines “de facto administrator” as a person who was “the primary caregiver and financial support of a child who lived with the person.” In addition, the law prescribes a minimum period during which the person must have taken care of the child before he or she can be considered a de facto guardian. In particular, a person must care for a child under the age of three for a period of at least six months and for a period of one year for a child three years of age or older.5 The third question is, “What evidence is needed to overcome the presumption of natural parents?” As stated in the introductory paragraph, the right of the biological parent to the care, custody and control of a child is fundamental. Therefore, this Indiana Supreme Court concluded that there is a strong and important presumption that the best interests of a child are served while in the custody of the biological parent.9 In overcoming this presumption, a third party must demonstrate that the best interests of the child are substantially and substantially served by placement with a third party.10 The presumption is not overcome solely because: because a third party could provide the child with better things in life.11 In the custody of a third party The problem is not simply the “guilt” of the biological parent, but what is best for the child.12 Only when this presumption is rebutted by the third party will a court consider the best interests of the child.13 The second question is: “What is the legal standard or burden of proof for obtaining custody of third parties?” As can be assumed, the fact that a person may apply for custody of a third party, either as an independent act or as a de facto custodian, does not mean that that person is granted custody.

A third party trying to get custody, while it`s certainly not impossible, has an uphill but winnable battle. Under Indiana law, custody of children is based on the central question of what is the “best interests of the child.” 6 This Supreme Court has held that before a third party can be granted custody, the procedural court must be satisfied by “clear and convincing evidence” that it would be in the best interests of the child.7 The Supreme Court went on to say that a trial court must be “satisfied” that placement with a third party would constitute a “substantial and significant benefit to the child.” 8 Cases of custody by third parties are unique and extremely complex. There are no clear answers, as cases of custody by third parties are very sensitive to the facts. Such cases require an experienced lawyer to navigate and guide you through the murky waters of the right of control and distill the evidence to make your point. Ciyou & Dixon, P.C. Attorneys practice throughout the state of Indiana and understand the complication associated with third-party custody issues after dealing with them in various counties of the state and on appeal. This blog post was written by ciyou & Dixon, P.C. lawyers who cover all facets of third-party custody across the state. This blog is not intended as specific legal advice or a call for services. It is an advertisement. Information on custody by third parties for non-lawyers (2016) Iformacioen Para Los Que No Son Abogados En Custodia De Terceros (2016) This document explains the legal terms used in custody cases by third parties; what third-party custody is and when it can be claimed; whether custody of third parties should be sought in a divorce or paternity case; and the judicial process for the appointment of a third party.

If you are a resident of Marion County, please note that in addition to the forms below, you must also complete an application for the appointment of a guardian in accordance with local Marion County rules. If you live in Marion and Hamilton counties, be sure to also fill out a guardianship information sheet. A widespread belief in our society is that children are often the best in the care and custody of their biological parents. The Supreme Court has ruled that one of the oldest fundamental rights in the United States is the right of parents to “care, custody and control of their children.” 2 Although this right is fundamental, like almost everything in life, it is not absolute. The reality today is that millions of children are raised by grandparents, friends, neighbors and strangers. This leads to situations where a child`s biological parents are not necessarily the best person to raise the child in their best interest. The third and the child are tied. In such a situation, a third party can apply for custody of the child – and win over the biological parent. This blog explores who can apply for third-party custody, the standard for obtaining third-party custody, and the presumption that must be overcome to help you create your custody record. Here is an experienced lawyer who understands the constitutional, procedural and appeal aspects of third-party custody is invaluable in helping you gather evidence that shows the court that you were the primary caregiver (not just a good grandparent or babysitter), that the child is related to you, and that it is in the best interests of the child. that you have custody. The evidence is there in many cases, but most third-party administrators are simply so busy providing the care that they don`t take the time to necessarily secure that evidence.

This is how a qualified legal profession comes into play. You can receive school records, doctor`s letters, testimonies from neighbors, etc. to show the court who was the child`s primary caregiver and with whom they are related, so that a litigant can prevail in their custody case through third parties. Information on legal guardianship for non-lawyers (2015) Información para los que no son abogados sobre Tutela Legal de Menores (2015) This document explains the legal terms used in guardianship cases; what is guardianship and when it can be applied for; how divorce cases, paternity cases and the signing of an affidavit of paternity affect the ability to obtain guardianship; and the legal process for appointing a guardian. .