Obtaining Third-Party Custody in Indiana
While biological parents are typically considered the best caregivers for their children, there are situations where third parties—such as relatives or other individuals—may step in to provide a more stable or nurturing environment. In Indiana, there are specific legal avenues available for third parties seeking custody of a child.
This guide will explore the various ways to obtain third-party custody in Indiana, including the legal requirements, processes, and important considerations.
Who Can Pursue Third-Party Custody in Indiana?
Indiana law provides several legal options for individuals other than biological parents to seek custody. These options include:
1. Filing a Petition as a Third Party
Under Indiana Code § 31-17-2-3(2), any individual who is not a biological parent may file a petition for custody. This statute grants standing to relatives (e.g., grandparents, aunts, or uncles) as well as non-relatives (e.g., family friends) to bring an independent custody case.
What to Know:
The petitioner must show that custody with the biological parent is not in the child’s best interest.
The court presumes that biological parents are the best custodians, so the burden of proof falls on the third party to overcome this presumption.
2. Establishing De Facto Custodian Status
A de facto custodian is someone who has provided primary care and financial support to a child for an extended period. This status allows the individual to seek custody through a formal petition.
Eligibility Requirements:
For children under 3 years old, the caregiver must have provided care for at least 6 months.
For children aged 3 or older, the caregiving period must be at least 1 year.
Why It Matters:
De facto custodianship demonstrates a proven track record of care and support, which can strengthen a custody claim.
3. Pursuing Adoption
Adoption is another path to obtaining custody, but it involves severing the biological parents’ rights permanently. Adoption may be a viable option if:
The biological parents consent to the adoption.
The court determines that the biological parents are unfit to retain custody.
Considerations:
While adoption grants full parental rights to the adoptive parent, it is a more permanent and legally complex process compared to guardianship or custody petitions.
4. Petitioning for Guardianship
Guardianship is a more flexible option for individuals seeking custody. Unlike adoption, guardianship does not terminate the biological parents' rights. Instead, it grants the third party temporary or permanent custody while the biological parents retain certain legal ties to the child.
Key Points:
Guardianship may be appropriate for situations where parents are temporarily unable to care for their child.
If the biological parents later petition to regain custody, the guardian must prove that the change would not serve the child’s best interests.
Overcoming the Parental Presumption
One of the biggest challenges in third-party custody cases is overcoming the parental presumption, which assumes that biological parents are best suited to care for their child. Courts will only grant custody to a third party if:
The biological parents are deemed unfit or unable to provide adequate care.
The third party proves that placing the child with them is in the child’s best interests.
Consult an Experienced Attorney
Third-party custody cases are legally complex and often highly emotional. Whether you are a grandparent, relative, or another caregiver seeking custody, it’s crucial to work with an experienced family law attorney who understands Indiana’s laws and can guide you through the process.
At Vining Legal, we provide trusted representation for third-party custody cases across Indiana.
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Take the first step toward protecting the child in your care. Let us help you navigate this challenging legal journey.