Raising another person’s child is both a noble and legally complex responsibility. Whether you are a grandparent, aunt, uncle, stepparent, or even a non-relative, understanding your rights and legal options in Indiana is crucial to ensuring the best interests of the child to ensure they may continue living a fruitful and healthy life. Indiana law provides several avenues for caregivers to establish legal rights over a child, including guardianship, custody, de facto custodianship, and adoption. In this blog, we will explore these options in detail and explain the rights and responsibilities associated with each.
It is important to note there is a difference between temporary vs. permanent caregiving arrangements. In some situations, caregivers may be raising a child informally without a legal arrangement. However, without formal recognition by the courts, caregivers may have limited rights when it comes to making important decisions for the child, such as medical care or school enrollment. Understanding the legal options available can provide stability and security for both the caregiver and the child.
Guardianship is Indiana is a formal legal relationship that allows a caregiver to make decisions for a child when the biological parents are unable to do so. A guardian has many of the same rights as a parent but does not terminate the rights of the biological parents. To obtain guardianship in Indiana, you must file a petition in the probate or juvenile court of the county where the child resides. The court will evaluate whether guardianship is in the best interest of the child, taking into account factors such as:
- The reasons the biological parents cannot care for the child
- The stability and well-being of the child in the caregiver’s home
- The willingness of the caregiver to assume long-term responsibility
If granted, guardianship provides the caregiver with the legal ability to make medical, educational, and other important decisions for the child. However, guardianship does not terminate the parental rights of the biological parents, and they may petition the court to regain custody in the future if circumstances change. In some cases, a caregiver may seek custody of a child rather than guardianship. Custody typically arises in family law cases, often as part of a divorce or separation where a stepparent or another family member is involved in raising the child.
What is De Facto Custodian Status?
Indiana law recognizes the rights of de facto custodians—individuals who have been the primary caregiver and financial supporter of a child for a significant period. According to Indiana Code § 31-17-2-8.5, a de facto custodian may be granted custody if they can prove:
- The child has lived with them for at least six months (if under three years old) or one year (if over three years old)
- They have provided primary financial support and care
- It is in the best interest of the child to remain in their custody
Being recognized as a de facto custodian can strengthen a caregiver’s claim for custody in court, particularly if the biological parents are absent or unable to provide care. For caregivers seeking full and permanent parental rights, adoption is the strongest legal option. Adoption terminates the parental rights of the biological parents and grants the adoptive parent(s) all the legal rights and responsibilities of a biological parent.
If I am not the biological parent?
In Indiana, a non-parent can adopt a child if:
- The biological parents voluntarily consent to the adoption
- The biological parents’ rights have been terminated due to abandonment, neglect, or other legal grounds
- The child has been in the care of a legal guardian or custodian for an extended period
Once an adoption is finalized, the caregiver is legally recognized as the child’s parent, with full decision-making authority and responsibility.
Grandparents who are raising their grandchildren may seek guardianship, custody, or even adoption. Additionally, Indiana law allows grandparents to petition for visitation rights under specific circumstances, such as if the child’s parents are deceased, divorced, or were never married.
Stepparents and other non-relative caregivers often find themselves in a parental role without clear legal rights. If a stepparent wishes to obtain legal authority over a stepchild, they may consider:
- Guardianship (if the biological parents are unable to care for the child)
- Adoption (if the other biological parent is absent or consents to the adoption)
- Custody through a divorce proceeding (if applicable)
Without legal recognition, a stepparent may not have the authority to make medical or educational decisions for the child. One of the biggest concerns for caregivers raising another person’s child is whether the biological parents can reclaim custody. The answer depends on the legal arrangement in place:
- Guardianship: Biological parents may petition the court to terminate guardianship if they can prove they are fit to resume parenting.
- Custody: If a court has awarded custody to a non-parent, the biological parents must demonstrate a substantial change in circumstances and that regaining custody is in the best interest of the child.
- Adoption: Once finalized, adoption is permanent, and the biological parents cannot regain parental rights.
Raising another person’s child is a significant responsibility, and understanding your legal rights in Indiana is essential. Whether you are seeking guardianship, custody, or adoption, taking legal steps to formalize your role ensures that you can make the necessary decisions to provide a stable and loving environment for the child.
If you are in this situation, consulting with a qualified Indiana family law attorney can help you navigate the complexities of the legal system and determine the best course of action for you and the child in your care. Ciyou & Associates, P.C. handles guardianship, de facto custodianship, and contested adoptions. Our experienced trial attorneys have been handling these matters for thirty (30) years and will be able to help you navigate which option aligns with your legal needs. Perhaps we are a good fit for you.
This blog post is an advertisement. This is not intended to serve as legal advice.
