How to Obtain Custody of a Child in Indiana: Legal Options Explained

Introduction

Child custody disputes can be complex, especially when non-parents—such as grandparents, stepparents, or other relatives—seek custody of a child. Indiana law generally presumes that biological parents have the primary right to custody, but there are exceptions when a child's well-being is at stake.

If you are a non-parent trying to obtain custody of a minor child in Indiana or a parent involved in a custody dispute, it’s crucial to understand the different legal options available. This guide explains the natural parent presumption, guardianship, and de facto custodian laws in Indiana, as well as the best interests of the child standard that courts use to decide custody cases.

The Natural Parent Presumption in Indiana

Under Indiana law, courts start with the assumption that biological parents should have custody of their children. This is known as the natural parent presumption, which protects a parent's fundamental right to raise their child.

Key Legal Principles

• The law assumes that parents are best suited to care for their children.

• Even if a parent is unmarried, absent, or struggling financially, they still have the legal right to custody unless proven unfit.

• If a custody dispute arises between a parent and a non-parent, the parent has the legal advantage unless the non-parent can prove an exception applies.

Exceptions to the Natural Parent Presumption

While parents have primary custody rights, Indiana courts recognize certain situations where a non-parent can obtain custody. The most common legal avenues for this include guardianship and de facto custodian status.

Guardianship of a Minor Child in Indiana

What is Guardianship?

Guardianship is a court-appointed legal relationship in which a non-parent assumes responsibility for a child. Unlike adoption, guardianship does not terminate a biological parent's rights, but it does allow another adult to make legal and caregiving decisions for the child.

When is Guardianship Appropriate?

A court may grant guardianship if:
✅ A parent is incapacitated (e.g., severe illness, mental health issues, substance abuse).
✅ A parent is unavailable due to incarceration or extended absence.
✅ A parent is deemed unfit due to neglect, abuse, or inability to provide a stable home.

How to Obtain Guardianship in Indiana

1️⃣ File a Petition – The non-parent seeking guardianship must file a petition with the local Indiana family court.
2️⃣ Notify the Parent(s) – Parents must be notified unless their rights have already been terminated.
3️⃣ Court Hearing – A judge will evaluate evidence and determine if guardianship serves the child's best interests.
4️⃣ Issuance of Guardianship Order – If approved, the court will issue a guardianship decree, giving the non-parent legal authority over the child.

Challenges to Guardianship

A biological parent can challenge a guardianship request. To maintain guardianship over a parent's objection, the non-parent must prove:
✅ The parent is unfit or incapable of providing proper care.
✅ The parent voluntarily relinquished custody or has been absent for a long period.
✅ The child’s best interests remain with the guardian.

De Facto Custodian: A Legal Path for Non-Parents

What is a De Facto Custodian?

Indiana law recognizes de facto custodians—people who have served as a child’s primary caregiver and financial provider for a significant period.

To qualify as a de facto custodian, a non-parent must prove:
📌 They have cared for the child as a primary caregiver for:

• 6 months if the child is under 3 years old.

• 1 year if the child is 3 years or older.
  📌 They have financially supported the child without the parents providing significant help.

How to Obtain Custody as a De Facto Custodian

1️⃣ File a Petition for Custody – The non-parent must submit evidence proving they meet Indiana’s de facto custodian standards.
2️⃣ Court Evaluation – The court will determine whether granting custody to the de facto custodian is in the child’s best interests.
3️⃣ Custody Order Issued – If successful, the court may grant full custody rights to the non-parent.

Unlike guardianship, de facto custodian status gives a stronger legal claim to custody, but it is not an automatic right and must be proven in court.

The “Best Interests of the Child” Standard

Regardless of whether a parent, guardian, or de facto custodian seeks custody, the primary factor in all Indiana custody decisions is the best interests of the child.

Indiana Courts Consider Several Factors, Including:

🔹 The child’s age and preference (depending on maturity).
🔹 The stability of each person’s home environment (financial security, safe housing).
🔹 The mental and physical health of each party seeking custody.
🔹 The child’s relationship with parents, siblings, and caregivers.
🔹 Evidence of neglect, abuse, or domestic violence.
🔹 Willingness to co-parent and facilitate relationships with other family members.

The burden of proof is always higher for non-parents seeking custody over a biological parent. However, if the child’s welfare is at risk, the court may override parental custody rights in favor of guardianship or de facto custodianship.

Do You Need a Lawyer for Child Custody Disputes?

Custody battles can be emotionally and legally complex—especially when non-parents seek custody. Hiring an experienced Indiana family law attorney can help you:

✔️ Understand your legal options and determine the best approach.
✔️ File necessary petitions and present compelling evidence in court.
✔️ Advocate for your rights in difficult custody disputes.
✔️ Protect the child’s best interests while ensuring due process.

If you need help with a child custody case in Indiana, contact Vining Legal at 📞 (317) 759-3225 or schedule a consultation here.

Conclusion

Obtaining custody of a minor child in Indiana involves navigating complex legal standards. While biological parents have a legal advantage, guardianship and de facto custodian status offer pathways for non-parents in cases where the child’s welfare is at risk.

Understanding the best interests of the child standard and working with an experienced family law attorney can strengthen your case and help ensure the best possible outcome for the child involved.

📞 Call Vining Legal at (317) 759-3225 or schedule a consultation to discuss your custody options today.