In Indiana, the concept of a “de facto custodian” provides a legal avenue for non-parents who have been the primary caregiver for a child to seek custody or visitation rights. This status can be particularly complex when it involves infants and toddlers. Obtaining de facto custodian status is a complex process and is not always guaranteed as the courts have a lot to consider. This blog will explore what it means to be a de facto custodian in Indiana and the evidence required to establish this status, especially for very young children.
Indiana law defines a de facto custodian as a person who has been the primary caregiver for, and financial supporter of, a child for a specified period. For children under three years old, this period is at least six months. This time must be continuous and uninterrupted. The person must have been the primary caregiver, not just a significant caregiver. The person must have provided primary financial support for the child.
When seeking de facto custodian status for an infant or toddler in Indiana, you will need to provide clear and convincing evidence. Courts will typically look for documentation of time as primary caregiver, proof of financial support, evidence of decision-making authority, demonstration of emotional bond, comparison to biological parent’s involvement, living arrangements, daily care routines, and support network system. The type of evidence for documentation of time as a primary caregiver are calendars or logs showing daily care activities and testimony from witnesses who can attest to your role. Also, photographic or video evidence of your daily involvement and medical records showing you as the primary contact.
Proof of financial support can be bank statements showing regular purchases for the child, receipts for necessities, and documentation of payments for childcare or medical expenses. Additionally, showing proof of tax returns claiming the child as a dependent (if applicable) is supporting evidence. The court will also look for evidence of the decision-making authority as the primary caregiver, such as medical records showing you making healthcare decisions. Other evidence can be daycare or early education enrollment forms signed by you and any legal documents granting you temporary guardianship. Evidence to show the emotional bond with the child can be testimony from child development experts about attachment, observations from social workers or family counselors, and videos or photos showing the child’s comfort with you.
Evidence to show the biological parent’s involvement can be records of the biological parent’s visitation or lack thereof, documentation of any child support received (or not received), and evidence of attempts to involve the biological parent in care. You will also want to show the court the child’s living arrangements by providing lease agreements or mortgage documents showing cohabitation, utility bills demonstrating shared living space, and testimony from neighbors or landlords. In addition to living arrangements, you will want to document the daily care routines for the minor child. Detailed accounts of feeding schedules (especially for infants), records of doctor’s appointments and vaccinations, and documentation of developmental milestones and your role in them.
Establishing de facto custodian status for very young children can be particularly challenging. The six-month requirement can be a significant portion of a young child’s life. Infants and toddlers have rapid development, making continuous care crucial. Courts are often cautious about disrupting early attachments. There is a strong presumption in favor of biological parents for very young children. There are specific steps to take through the court system to make your case as a de facto custodian. First, submit a petition to the court asserting de facto custodian status. Then you will want to provide your evidence and submit all gathered evidence to support your claim. The court will evaluate the evidence to determine if you meet the criteria. If de facto custodian status is established, the court will then consider the best interests of the child in making any custody or visitation decisions.
Establishing de facto custodian status for infants and toddlers in Indiana requires comprehensive evidence of your role as the primary caregiver and financial supporter. The court will scrutinize this evidence carefully, given the young age of the child and the importance of early attachments. If you are seeking de facto custodian status, it is crucial to document your involvement meticulously from the start. Keep detailed records, gather supporting testimony, and be prepared to demonstrate how your care has been consistent and, in the child’s, best interest. The attorneys at Ciyou & Associates, P.C. have ample experience in de facto custodian proceedings throughout Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
