ILNews

IBA: Helping Clients Give Children a Home

Back to TopCommentsE-mailPrintBookmark and Share

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.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT