Guardianship is when someone (other than the child`s parents) has custody and control of your child. The guardian has the right to make all decisions concerning the child and is legally responsible for the child. If the child`s parent has custody and control of the child, it is called „custody.“ If someone other than the parent has custody and control of the child, this is called „guardianship.“ Judicial proceedings to designate a person responsible before the court for caring for a disabled person or minor and/or managing the property of that person. The court may appoint a person as guardian of a child, called a „guardian ad litem“, if they are involved in legal proceedings. The court may also order the child`s parent to pay maintenance to the guardian, especially if the parent is receiving state benefits for his or her child. After transferring legal guardianship to another person, if that person does not agree to terminate the guardianship, you must go back to court and prove to the court that the guardianship should be terminated. After applying to the court, the person applying for guardianship must inform the person with a disability, his or her immediate family members and any institution that cares for the protected person within 60 days. If the protected person accepts the request or is unable to respond to it because of their disability, the court will hold a hearing to give witnesses an opportunity to testify under oath in support of the allegations in the application. These documents, instructions and forms do not constitute legal advice and do not constitute an attorney-client relationship. Documents, instructions and forms are not a substitute for representation by a licensed attorney, and it is best to consult with a lawyer and seek legal representation. Guardianship in Indiana is largely governed by Indiana Code 29-3-5, which outlines the procedures and requirements for becoming a guardian. The first thing you need to decide is what kind of guardianship you want. Indiana offers temporary and permanent guardianship.
Under temporary guardianship, a court allows an adult to assume guardianship of a child at short notice, usually ninety days. These are best suited to situations where there is hope for positive change or improvement. For example, the mother of a child may be going through a difficult phase, but can expect to get back on her feet in a few months. Such a situation could be dealt with appropriately by temporary guardianship. Permanent guardianship, on the other hand, generally lasts until the child reaches the age of 18, unless circumstances warrant a change in circumstances. These are best suited to prolonged or permanent situations, such as when a mother dies or a father is sent to prison for more than twenty years. If you are considering permanent guardianship, you should carefully consider this option, as it is a long-term investment in a young person`s life. Although permanent guardianships may be lifted in certain circumstances, the courts are understandably reluctant to revoke them. Submit your application to the clerk of the district court where the child lives. Registration fees vary by county; in Clark County, for example, they cost $176 at the time of writing. Next, you need to „serve“ parents and all existing guardians – give a copy of the petition.
The county sheriff can give you the documents for an additional fee. You do not need to contact parents if they have already terminated their parental rights. Once your application is accepted by the court, a hearing will be scheduled. At the hearing, you can provide testimony and evidence showing why you think you should be appointed guardian of the child. The child`s closest relatives and other interested persons may also make their own arguments as to why they should or should not be given custody of the child. At the hearing, you should be prepared to make clear and concise statements detailing your relationship with the child, your experience with the child, and your history of caring for the child. You must also provide the court with all relevant evidence of your involvement and competence, such as receipts for purchases you made for the child, documentation of visits to the doctor, educational reports, and letters of recommendation from people who support you and are aware of your experience with the child.