Indianapolis Child Guardianship Attorneys

A guardianship may be appropriate when a child's parents are temporarily unable to provide proper care or when another responsible adult has assumed the child's day-to-day care. Every family's circumstances are different, and the court considers whether establishing a guardianship serves the child's best interests.

Guardianships commonly arise because of serious illness, substance abuse, incarceration, military deployment, prolonged absence, or other circumstances that prevent a parent from caring for a child. In some cases, parents voluntarily consent to a guardianship, while in others, the matter is contested.

A guardian is often a grandparent, adult sibling, aunt, uncle, or other relative. In some situations, a close family friend or another trusted adult may also be appointed if the court determines that appointment is in the child's best interests.

The court considers the proposed guardian's ability to provide a safe, stable, and appropriate home, as well as the existing relationship between the guardian and the child.

A guardianship begins with the filing of a petition in the appropriate Indiana court. Interested parties are generally entitled to notice of the proceeding, and the court will schedule a hearing to determine whether a guardianship should be established.

Depending on the circumstances, the court may consider testimony, documents, and other evidence regarding the child's needs, the parents' circumstances, and the qualifications of the proposed guardian before entering an order.

In some situations, immediate court action may be necessary to protect a child's health, safety, or welfare. Indiana courts may issue temporary or emergency guardianship orders while the full guardianship proceeding is pending.

These cases often arise unexpectedly and may require prompt legal action. Our attorneys help clients prepare the necessary filings and present urgent concerns to the court.

A guardian generally has authority to make important decisions regarding the child's education, medical care, housing, and daily well-being, subject to the court's order. The guardian is expected to act in the child's best interests and comply with any reporting requirements imposed by the court.

The scope of a guardian's authority varies depending upon the court's order and the specific facts of the case.

Unlike adoption, a guardianship generally does not terminate a parent's legal rights. Parents may continue to have rights and responsibilities depending on the court's order, and they may later ask the court to end the guardianship if circumstances have changed.

Because guardianships are often intended to address temporary family circumstances, they can provide stability for a child while preserving the possibility of future reunification.

A guardianship does not necessarily remain in place permanently. A court may modify or terminate a guardianship when appropriate under Indiana law and when doing so serves the child's best interests.

A parent who has addressed the circumstances that led to the guardianship may petition the court to terminate the guardianship and resume custody of the child. Likewise, changes affecting the guardian or the child's needs may require modification of the existing order.

Although guardianship and adoption can both provide stability for a child, they serve different legal purposes. Adoption creates a permanent parent-child relationship and generally terminates the legal rights of the biological parents. Guardianship, by contrast, is often intended to address circumstances in which another adult must temporarily assume responsibility for a child's care without permanently ending the parent-child relationship.

Learn more about Indiana adoption proceedings.

Guardianships are also available for certain incapacitated adults who are unable to manage their personal or financial affairs because of illness, disability, or diminished capacity. These proceedings involve different legal standards than child guardianships but similarly require court approval.

Our office also assists families seeking guardianships for incapacitated adults and can help determine the appropriate legal options based on the individual's circumstances.

Guardianship matters frequently involve related questions concerning adoption, CHINS proceedings, child custody, and paternity.