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Third-party custody in Indiana allows non-parents—such as grandparents, relatives, or trusted family friends—to seek legal custody of a child when parents are unwilling or unable to provide proper care. Indiana courts treat these cases with care, always prioritizing the child’s best interests, and following established legal standards and burdens of proof unique to non-parent custody situations.

What Is Third-Party Custody in Indiana?

Third-party custody in Indiana refers to situations where someone who is not the child’s biological or adoptive parent petitions for the legal right to care for and make decisions about the child. This most often occurs when parents are deemed unfit, absent, or unable to provide a safe environment.

Legal Foundations: Statutes and Standing

Indiana Code §31-17-2-3(2) gives standing to any non-parent—including grandparents, aunts, uncles, or even non-relatives—to petition for custody if it serves the child’s best interests. However, Indiana law presumes that children should remain with their biological parents unless the non-parent can prove that parental custody would cause harm or is not in the child’s best interests.

Who Can Seek Third-Party Custody?

Besides biological parents, the following may seek third-party custody:

• Grandparents (often central to these cases)
• Other family members (aunts, uncles, siblings)
• Step-parents or family friends who have provided substantial care
• De facto custodians—individuals who have been the primary caregiver and support for a significant period, usually six months for children under three or a year for those over three

Legal Process for Non-Parents

Securing third-party custody is a multi-step legal process. The steps typically include:

• Filing a petition in the appropriate Indiana court (often where a prior case exists)
• Presenting evidence of parental unfitness, harm, neglect, or the nature of your caregiving relationship
• Court hearings, where testimony, witness statements, and expert evidence may be evaluated

Non-parents face a high burden and must show substantial evidence that staying with or returning to the parents would not serve the child’s best interests or would cause harm.

The “Best Interests of the Child” Standard

Courts always apply the “best interests of the child” standard but also require clear proof that parental custody is harmful or seriously inadequate. Factors often considered include:

• The strength and duration of the non-parent’s relationship with the child
• The fitness and capacity of the parents
• The child’s needs and expressed wishes (if age-appropriate)
• Evidence of neglect, abuse, abandonment, or longstanding caregiving by the petitioner

De Facto Custodian: A Unique Legal Status

A “de facto custodian” is someone who has been the child’s primary caregiver and financial supporter for at least six months (under age three) or a year (age three and older). If a petitioner is a de facto custodian, Indiana law gives them equal standing with a biological parent in custody disputes.

Grandparents' Rights in Indiana

Custody

Grandparents may seek third-party custody if parents are unfit, have abandoned the child, or lived with the grandparent for an extended period. Courts presume parental custody is best, so grandparents must provide compelling evidence—such as proof of long-term caregiving or risk of harm to the child.

Visitation

Grandparents have limited rights to visitation, which can be requested if:

• One parent is deceased
• The parents are divorced or separated
• The child was born out of wedlock and paternity is established

The court will examine the relationship’s quality, the child’s wishes, reasons for denying visitation, and overall impact on the child’s well-being.

Guardianship vs. Third-Party Custody vs. Adoption

The Role of a Non-Parent Custody Lawyer

Hiring a seasoned non-parent custody lawyer is vital, as these cases are complex and require strategic presentation of evidence. An experienced attorney can evaluate your standing, file the necessary petitions, gather supporting documentation, and represent your interests in court, maximizing the chance of a favorable outcome.

Practical Scenarios & Case Studies

• Grandparents raising grandchildren after parental death or incapacity frequently succeed when backed by evidence of harm or established caregiving.
• Step-parents or family friends who have provided long-term care may qualify as de facto custodians, but their position must be clearly demonstrated with financial and caretaking records.
• Courts reject third-party custody if the parent is fit and can provide a safe environment.

Frequently Asked Questions

Can non-relatives seek third-party custody?
Yes. The law permits even unrelated individuals to file for custody if they can prove that staying with them better serves the child’s best interests and that parental custody is harmful.

Are grandparents’ visitation rights automatic?
No. Visitation rights are limited by statute, and courts respect parental autonomy unless there is clear harm in denying visitation.

Is the process different for stepparents or family friends?
No. The burden of proof remains the same regardless of relation—evidence of the child’s best interests, harm if returned to parents, or primary caregiving must be provided.

Conclusion

Third-party custody in Indiana is a carefully regulated process that places the burden on non-parents to prove why removing a child from parental custody serves the child’s best interests. Grandparents, family members, and even non-relatives have legal pathways to pursue custody or visitation, but achieving these rights requires meeting strict legal standards and having experienced legal representation. Seeking the guidance of a knowledgeable non-parent custody lawyer is critical in successfully navigating these challenging, life-changing cases.

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This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.