Guardianship Attorneys in Indianapolis
What This Page Covers
- Indiana guardianship for minor children when a parent cannot provide care or custody.
- Who may seek guardianship and situations where the court may appoint a non-parent guardian.
- How existing divorce or paternity cases can affect whether guardianship is the correct legal path.
- What Indiana courts may consider when deciding whether a proposed guardian is suitable and whether guardianship serves the child’s best interests.
- A guardian’s legal duties, guardianship modification, resignation, and temporary guardianship in emergencies.
Why This Matters
- Guardianship gives a non-parent legal authority and responsibility for a child, including decisions about medical care, school, financial benefits, and everyday needs.
- Indiana courts generally prefer children to remain with their parents when possible, so you may need to show why guardianship is necessary and in the child’s best interests.
- The right court process matters. If a divorce or paternity case already controls custody, you may need to seek third-party custody instead of filing a separate guardianship case.
- Becoming a guardian is a serious commitment that can continue until the child reaches adulthood unless the court later approves a change.
- Temporary guardianship may be available when an emergency requires immediate action, but it is limited in duration and may need to be followed by a permanent arrangement.
Key Actions You Can Take
- Confirm whether there is already a divorce, paternity, or CHINS case involving the child, because that can affect where and how you should proceed.
- Gather information showing your relationship with the child, your ability to provide a safe and stable home, and how you can meet the child’s physical, emotional, educational, and medical needs.
- If the situation is urgent, ask whether temporary guardianship may be appropriate under Indiana law.
- Understand the ongoing responsibilities you may take on, including medical decisions, school enrollment, financial benefits, support, and possible court filings.
- Contact Zentz Law family lawyers to work with you through your circumstances and schedule a consultation for practical guidance on the guardianship option that may fit your situation
Guardianships over minors are judicially appointed relationships between a responsible adult and a child, and they typically occur when the child does not
have a parent able to take custody of them or when the parents are unfit to have custody of the child. The process of obtaining guardianship can be complex and difficult to understand for those who are unfamiliar with the laws and what is required of them. If you are interested in seeking legal guardianship of a child in Indiana, you should speak with experienced guardianship attorneys.
At Zentz Law, our Indianapolis family law and child custody lawyers are well-versed in guardianship laws and are here to help. If you need assistance with a guardianship case, please don’t hesitate to contact us and set up a consultation with one of our attorneys for guardianship – 317-220-6056.
What is Guardianship?
Guardianship is a legal permanency option that grants a responsible adult (other than the child’s parents) legal custody and control of a child. During a guardianship, the guardian assumes the rights and responsibilities that customarily reside with the parents.
While the goal with some guardianships is to eventually reunify the child with their parents, guardianship is a permanent commitment to be responsible for the child until they reach adulthood. If the child does not have parents, or if being with their parents would be unsafe, then guardianship may be a better option that is in the child’s best interests.
Indiana Child Guardianship Laws
While anyone who is an adult of sound mind could become a legal guardian, guardians are traditionally relatives or close family friends who the child is familiar with. There are some situations where the court may appoint someone to be a guardian if the parents are unable or unwilling to provide care for their child or when parental rights have been terminated.
A non-parent may petition to be appointed legal guardian of a child if:
- both of the child’s parents are deceased;
- the parents were divorced, but one of the parents is now deceased;
- the child’s parents remain married to each other;
- the child was born to unmarried parents and paternity has not been established in a court case; or
- the child has been found to be a CHINS because the Department of Child Services has filed a CHINS case and the CHINS case remains open, the Judge may appoint a legal guardian as a permanency plan for the child.
Guardians may appoint someone else to succeed them as guardians in the event of death or if they become incapacitated and unable to care for the child. However, the successor guardian must still be approved by the court.
Indiana law does not allow a Judge to appoint a guardian for a child if there is already a divorce case or a paternity case about the child. If the child’s parents are divorced, only the divorce court has the authority to make court orders about the child’s custody until the child is at least nineteen years old. This is true even after the parents have been divorced. A nonparent who wants “guardianship” of the child must file a petition in the court case for the parents’ divorce requesting to be appointed the child’s “third party custodian.”
Indiana law prevents the Judge from appointing a non-parent as legal guardian for a child if the non-parent has been convicted of one of the following felonies:
- child molesting;
- sexual misconduct with a minor;
- rape;
- criminal deviate conduct;
- vicarious sexual gratification; or
- attempt or conspiracy to commit one of the above crimes.
How to Obtain Guardianship of a Minor in Indiana
Indiana law prefers that a child remain with their parents if possible. However, the law also recognizes that guardianship may be the better option if it is in the child’s best interests. To obtain guardianship, you must show that the parents are unable to provide suitable care and support for the child.
Other things that will be considered when determining if a person is a suitable guardian include:
- The child demonstrates a strong attachment to the prospective guardian
- The prospective guardian displays a strong commitment to caring permanently for the child
- The prospective guardian can provide a safe home for the child
- The prospective guardian has demonstrated the ability to provide for the child’s mental, physical, emotional, and educational needs
- The prospective guardian has already established a loving, nurturing, and stable relationship with the child or the child’s family
- The child has indicated their desire to continue a relationship with the prospective guardian
The Legal Duties of a Guardian
Once you are appointed legal guardianship, you will have all the responsibilities and authority of a parent, unless the court orders otherwise. You will be required to become sufficiently acquainted with the minor if you are not already familiar with the child’s capabilities, needs, disabilities, limitations, opportunities, and mental and physical health.
If a non-parent has been appointed legal guardian for a child, the non-parent will have the legal authority to obtain medical care for the child, enroll the child in school, and apply for financial benefits for the child, including Social Security, child support, health insurance (including health insurance from the guardian’s employer, depending on the employer’s insurance policy), Supplemental Security Income, and Veteran’s Administration benefits.
In other words, you are responsible for ensuring the support, safety, and well-being of the minor, including all necessary medical and physical needs, such as clothing, food, and shelter. You are also responsible for the social and educational needs of the child, and you may even be able to request child support from the birth parents on behalf of the child.
Guardianship Modification
Just as child custody agreements can be changed, so too can guardianships, as guardianships give a person legal custody over a child. If circumstances change after guardianship has been granted, a petition must be filed with the court to request modification.
When you file a petition to have a guardianship modified, you must present your reason for doing so. The court will then set a hearing so you can submit your testimony along with any other evidence to support the modification request. The judge will then decide what action they believe is appropriate.
If the appointed guardian becomes unwilling or unable to care for the child, the guardian must obtain the Judge’s permission to resign as legal guardian. If the guardian has been appointed guardian of the child’s estate, the guardian must file court documents accounting for the use of the child’s money, real estate, or other assets. A guardian for the child’s estate will need to be represented by a guardianship attorney who will assist with filing the correct court documents.
Indiana Temporary Guardianship Laws
It is possible in some situations to seek temporary guardianship. According to Indiana Code 29-3-3-4, a temporary guardianship may be granted if:
- A guardian has not been appointed for a minor
- An emergency exists
- The welfare of the minor requires immediate action
- No other person appears to have the authority to act in the circumstances
Temporary guardianship cannot exceed 90 days. However, the court may grant one extension, which can last for no more than 90 days. After such time, if the parents are still unable to care for the child, then a permanent guardian will need to be appointed.
Zentz Law – Guardianship Attorneys in Indianapolis
As an Indiana family law and child custody law firm, we have the experience to help you navigate the complex process of obtaining legal guardianship for a minor child as well as legal guardianship for adults. Call 317-220-6056 or email us to schedule a , no-obligation consultation with top-rated Indiana guardianship attorneys.
Common Questions and Answers for Guardianship Attorneys in Indianapolis
Can a grandparent or close family friend become a legal guardian of a child in Indiana?
Yes. Indiana guardianship law can allow an adult of sound mind to serve as a guardian. The Zentz Law page explains that guardians are often relatives or close family friends who already have a relationship with the child. The court will still consider whether the proposed guardian can provide a safe, stable home and meet the child’s needs.
What happens if there is already a divorce or paternity case involving the child?
A separate guardianship case may not be the correct path. The page explains that if a divorce or paternity case already controls custody, the court handling that case generally has authority over custody issues. A non-parent may need to ask to be appointed as a third-party custodian in the existing case instead.
Can someone with a serious felony conviction become a guardian of a child in Indiana?
Indiana law places restrictions on who may be appointed. The page states that a judge cannot appoint a non-parent as a guardian if that person has been convicted of certain serious sexual felonies involving children or sexual violence, including child molesting, rape, sexual misconduct with a minor, and certain related offenses.
Can an Indiana guardian choose who will care for the child if the guardian dies or becomes incapacitated?
A guardian may name someone to succeed them if the guardian dies or becomes unable to care for the child. However, the successor does not automatically become the legal guardian. The court must still approve the successor guardian.
Can a legal guardian enroll a child in school and make medical decisions in Indiana?
Yes. Once appointed, a legal guardian generally has authority similar to a parent unless the court orders otherwise. The page specifically states that a guardian may obtain medical care for the child and enroll the child in school, while also taking responsibility for the child’s educational, physical, and emotional needs.
Can an Indiana guardian apply for financial benefits or child support for the child?
Yes. The page explains that a guardian may be able to apply for benefits such as Social Security, Supplemental Security Income, certain health insurance coverage, Veterans Administration benefits, and child support. The guardian may also be able to request child support from the child’s birth parents on the child’s behalf.
Does a child’s relationship with the proposed guardian matter to an Indiana court?
Yes. The court may consider whether the child has a strong attachment to the proposed guardian, whether a loving and stable relationship already exists, and whether the child wants that relationship to continue. These factors can help the court evaluate whether the proposed arrangement is in the child’s best interests.
Can a guardian resign from an Indiana guardianship whenever they want?
No. If a guardian becomes unwilling or unable to continue caring for the child, the page explains that the guardian must obtain the judge’s permission to resign. Because the court appointed the guardian, the guardian generally cannot simply end the legal responsibility without court approval.
What extra responsibilities apply if you are guardian of a child’s estate in Indiana?
A guardian who is responsible for a child’s estate must account for how the child’s money, real estate, and other assets are handled. The page states that court documents must be filed to account for those assets and that a guardian of the estate will need a guardianship attorney to assist with the required filings.
How long can an emergency temporary guardianship last in Indiana?
The page explains that a temporary guardianship may last up to 90 days when an emergency requires immediate action and no other person appears to have authority to act. A court may grant one additional extension of no more than 90 days. If the child still needs a guardian after that period, a permanent guardianship may need to be pursued.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***