Indianapolis Guardianship Attorney & 3rd Person Custody Attorneys
Your family’s future is our focus.
Indiana Guardianship Attorney
When a child is in need of care, services, treatment, or assistance, sometimes the parents are unable or unwilling to provide the child with basic necessities. Oftentimes, good Samaritans such as other relatives will step in to help the child. Because these individuals are not the biological parents, they are unable to dictate how the child is to be raised or cared for. However, in certain limited circumstances, the court may award a non-parent with a guardianship or third-party custody, effectively giving this individual the legal power to oversee the child’s upbringing. The state of Indiana respects parental rights but intervenes when necessary. To determine if you are eligible to petition for third party custody or guardianship of a child in need, you need an experienced Indianapolis family law lawyer to guide you through understanding the law.
Contact Eskew Law
Eskew Law provides local Indiana families with support and legal support on petitions for custody or guardianship. A seasoned Indianapolis guardianship attorney at our firm can explain the legal provisions, evaluate whether you are eligible, discuss the best interests of the child, and advocate for your side in court. To learn more about the custody or guardianship process, contact Eskew Law, LCC today at (317) 974-0177 to schedule an appointment.
Family Law Attorneys
Practice Areas
Eskew Law has RESOURCES for families, and the family law attorneys also help with:
- Coordinating visitation schedules
- Divorce
- Paternity disputes
- Relocation
- Grandparents’ rights
- Third-party custody
- Emancipation
- CHINS (Child in Need of Services) (Please note we are not focusing on this type of case right now.)
“Our family has not had a lot of experience with attorneys and was pleasantly surprised by Mr Eskew’s true concern for our family. He is not only a great attorney
“Chris was a great lawyer to have on my side. He met with me very soon after being bonded out, and was very relate-able when it came to explaining what
“They know what they are doing and are very professional. I had a legal concern come up in my business and they were able to address it and solve the
“I hired Chris to represent me for a criminal case for a Class C Felony. I was scared putting my life into the hands of someone I didn’t know. It
“Chris and his staff were by far some of the best!! I have used other lawyers for other services and none of them have kept me informed they way that
“I hired Chris when [the] attorney I had was not representing me the way he should. I had four different cases pending and was facing a lot of time. I
Guardianship and Third-Party Custody
Child custody involves the right both to make legal decisions involving the child’s upbringing and health and to have physical custody of the child. Child custody is a term reserved for parents. When a third party such as a grandparent or aunt wishes to have custody of a child, the proper term is guardianship. There are two main ways that a third party may become a guardian of a child:
- The child’s parents are deceased or
- The parents are unfit to care for the child
When a child’s parents are deceased, a guardian will usually be appointed through the probate process. Often times, close family members such as grandparents will petition to become guardians. If awarded custody, they are then allowed to make all legal decisions for the child. They become de facto parents because they raise the child in the absence of the biological parents. For additional information regarding this scenario, you may wish to speak with a knowledgeable guardianship lawyer at our Indianapolis law firm.
Over 75Years
Of Combined
Experience
When a child’s parents are unfit, they are either unwilling or incapable of raising a child, such as through drug addiction or incapacitation. A third party, therefore, needs to step in to ensure the child’s needs are being met. In this situation, the third-party must present evidence that it is in the best interest of the child that the third party be appointed guardian. This is because the state of Indiana prefers that parents retain rights and custody of the child. However, because the child’s best interest is at the heart of the family law provisions, courts are willing to appoint guardians when it would be detrimental to the child’s mental or physical health to remain with their parents. In many situations, the parents are willing to relinquish their parental rights and cede guardianship to a third party because they know the child will be in better hands. Notwithstanding, it is ultimately the court’s discretion to award guardianship and third-party custody.
Compassionate Legal Advice and Advocacy on Guardianship and Third-Party Custody Petitions
If you are interested in become a guardian to a child in need, an Indianapolis guardianship attorney at Eskew Law can help you understand the intricacies of the process, gather evidence to support your petition, and advocate for your best interests in court. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule your consultation, call our office at (317) 974-0177 today or contact us online.
