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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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