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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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