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IBA: Helping Clients Give Children a Home

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By, Laurie Goggins, Staff Attorney, Indianapolis Legal Aid Society, Inc.

One of the most rewarding experiences an attorney from the Indianapolis Legal Aid Society can have is to assist a client to obtain Guardianship or Third Party Custody of a child. While both of these procedures enable a person to become the legal caregiver for a child, the requirements and procedures for each differ. The need for both guardianship and third party custody arise when a child’s parents are no longer able to care for them. There are many situations where this can occur. For example, a parent may be suffering from a debilitating illness, may be incarcerated, may struggle with addiction, or may be deceased.

Guardianships are filed in Probate Court. With proper consents of all parties, guardianships for minors may be granted without a formal hearing. Certain requirements must be met including the need for the petitioner to be free of any felony convictions.

A guardianship may not be granted if paternity has been established in another court, a child support order is in place, or there has been a dissolution of marriage. In these situations the appropriate action is to file for third party custody. Petitions for third party custody are filed in both Circuit and Superior Court. Typically a petitioner must file a motion to intervene as well as a petition for third party custody. If there is not an agreement by all involved parties, a hearing is held to determine if third party custody should be granted.

Recently the Indianapolis Legal Aid Society was able to assist a client in obtaining third party custody of three siblings. In this particular situation the children had been adopted by their maternal grandparents. Sadly, the grandmother died and a few years later the grandfather died. The children were now in their pre-teen and teenage years. Without a place to go, or other family members available, the future of the children seemed hopeless. Then, the childhood friend of the grandparents stepped forward and took all of the children into her home. With the assistance of the Indianapolis Legal Aid Society, this client was able to petition the court and be awarded custody of the children. The children are doing well and are once again in a stable and loving environment.

In another situation a woman came to the Indianapolis Legal Aid Society to seek guardianship of an infant. The mother of the child had impending legal issues and was facing incarceration. The mother wanted to know that the child would be well cared for while she was away. She had asked the client, a family friend, to take care of her child. The Indianapolis Legal Aid Society assisted the client in obtaining guardianship of the infant. Thanks to this client, the baby was placed in a stable, loving home.

For the attorneys who do these cases, there is a lot of satisfaction in seeing such a happy outcome for children who would otherwise be displaced. The Indianapolis Legal Aid Society is proud to do this work and happy to provide training for any attorneys who wish to volunteer their time in these worthwhile cases.

Any attorney interested in volunteering to assist the Indianapolis Legal Aid Society should contact John Floreancig, ILAS Executive Director, at 317.635.9538.•

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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