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 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.
Additional Resources for Families
Eskew Law has RESOURCES for families, and our 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.)
Compassionate Legal Advice and Advocacy on Guardianship and Third-Party Custody Petitions
If you are interested in becoming a guardian to a child in need, an Indianapolis guardianship lawyer 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) 942-3942 today or contact us online.
