In recent years, an increasing number of grandparents have found themselves in the role of primary caregiver for their grandchildren. In Indiana, there are several legal options available to grandparents in this situation. An experienced family law attorney can address the legal avenues and find the right path for your specific situation. This blog will discuss the options and provide insight into the legal landscape for grandparents raising grandchildren in the Hoosier State.
Guardianship is often the most straightforward legal option for grandparents. It gives you legal authority to make decisions about the child’s care without terminating the parents’ rights. You can file for guardianship in your county’s probate court and the parents must be notified and have the right to object. Guardianship can be temporary or permanent and allows you to make decisions about the child’s education, healthcare, and general welfare.
Indiana law allows for third-party custody in certain situations. This option might be appropriate if the parents are unable or unwilling to care for the child. You must prove that the child’s best interests are served by granting you custody. The court will consider factors such as the child’s wishes, the child’s relationship with you, and the parents’ ability to care for the child. This option can be more stable than guardianship but may be more challenging to obtain.
Adoption is the most permanent option, legally making you the child’s parent. This process requires the termination of the biological parents’ rights, either voluntarily or through court action. Adoption provides the most stability and legal rights for both you and the child. It can be emotionally complex for all parties involved but sometimes it may be the best option for the children. Another option is a power of attorney, it is a less formal option that allows parents to grant you authority to make decisions for the child without court involvement. This must be voluntarily given by the parents and can be revoked by the parents at any time. It is important to know that power of attorney may not be recognized by all institutions such as schools, hospitals, etc.
While not a custody option, Indiana does have laws allowing grandparents to petition for visitation rights under certain circumstances. Grandparents would be eligible for this option if the child’s parent is deceased, the child’s parents are divorced, or if the child was born out of wedlock (for paternal grandparents). Another legal option is kinship care through DCS (Department of Child Services). Kinship care allows you to care for the child while maintaining DCS support and services. Kinship care may be temporary, with the goal of reunifying the child with their parents.
Raising a grandchild can be both rewarding and challenging. Understanding your legal options is crucial for providing stability and security for both you and your grandchild. Each situation is unique, and the best legal option will depend on your specific circumstances. It is always advisable to consult with a family law attorney to discuss your particular situation. They can provide personalized advice and guide you through the legal process. By taking the appropriate legal steps, you can ensure that you have the necessary authority to provide the best care for your grandchild while navigating the complex family dynamics that often come with these situations. The attorneys at Ciyou & Associates, P.C. have ample experience with grandparent visitation and custody throughout the state of Indiana. We are here to help. 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.