Fort Wayne Guardianship & Third-Party Custody Attorneys
Helping to protect Indiana children by facilitating third-party parenting roles
Sometimes, parents fail to properly care for their children, whether due to inability or neglect. In those circumstances, a relative or another concerned person may wish to step in. Guardianship and third-party custody are two means by which someone other than a child’s parent may obtain legal authority over the child under Indiana law. If you believe that you need to care for the child of another, the experienced attorneys of Shilts & Setlak, LLC in Fort Wayne are ready to provide skilled and knowledgeable advice and representation to give you the best chance of achieving your goal.
Guardianship in Indiana
A guardianship is created when a child’s parents are found to be unable to care for the child due to illness, instability, incarceration, abandonment or other issues affecting parental capacity. A court appoints another person — the guardian — if it is deemed to be in the child’s best interests. The parents’ rights remain intact, but the guardian has legal authority to act in the child’s behalf, in terms of both personal care and property protection. Guardianship is intended to be temporary, and the parents can petition to end it once they consider themselves able to resume parental responsibilities.
Third-party custody in Indiana
A court may grant physical and legal custody of a child to a grandparent, relative, close family friend or other person when it is found that the biological parents are unable or unwilling to provide a safe, stable home. The nonparent seeking custody must overcome the strong presumption favoring parents by showing third-party custody is in the child’s best interests. The court considers a number of factors in making its determination, including:
- The child’s age, gender and wishes
- The parents’ wishes
- The interaction between, and mental and physical health of, the child, parents and the nonparent, including any threats of domestic violence or abuse
- The child’s adjustment to home, school and community
Third-party custody is usually a longer term arrangement than guardianship, but the parents retain their legal rights and may later seek to regain custody.
How to obtain a guardianship or third-party custody
Guardianship and third-party custody are handled by different courts. A guardianship petition is filed in probate court as a stand-alone case. A request for third-party custody is filed within an existing family court matter, such as:
- a divorce case
- a paternity case
- a custody modification case
In those situations, the family court already has authority over the child and the case stays within the family court system.
Each court proceeding is governed by a different statute and has its own procedures and requirements. Notably, in probate court, the person seeking guardianship may be required to post a fiduciary bond. The experienced child custody and guardianship lawyers of Shilts & Setlak, LLC will guide and represent you through every step of these processes.
Contact our knowledgeable and caring Fort Wayne guardianship and third-party custody attorneys
The attorneys of Shilts & Setlak, LLC in Fort Wayne provide thoughtful and conscientious representation in Indiana guardianship and third-party custody matters. Call us at 260-475-3106 or contact us online to arrange a free initial consultation.
