Clearly, natural and adoptive parents have a fundamental right to raise their children.1 However, given these constraints, the Indiana Courts have four important tools by statues and one by caselaw to utilize to assist third parties to obtain “custody” of children where their well-being depends on it.
The reality in the United States is that millions and millions of children are primarily raised by people other than their parents, mostly by grandparents and relatives. Millions more are raised for periods of ... Read More
10
Mar2017
07
Jul2016
All issues involving child custody and child support have significant social, political, economic and psychological dynamics operating within the legal system and controlling laws. Two key policies that support the law is to maintain the child with a style of living as if the parents were married and meet the child’s best interests.
In the very broad area, this blog post explores three trends that are slowly changing domestic law across the country: joint custody, child support ending at age 18, and third parties ... Read More
15
Oct2015
Daily news stories and life experiences demonstrate to us all that third parties, such as neighbors, friends, and grandparents are helping more and more to raise children. Sometimes disputes like divorce causes such third parties to be removed from a care-giving role that they want to continue and perhaps the children need for security and stability. This blog post explores this topic.
Third parties always have one big legal hurdle to overcome, although many have done so in Indiana and other states. This is a parent’s fundamental ... Read More
05
Jun2014
According the Census Bureau, in 2009, 7.8 million children lived with at least one grandparent, a 64% increase since 1991, when 4.7 million children lived with a grandparent1. While the census only addresses grandparents raising their grandchildren, this is a strong indicator of trends in society wherein more third parties (grandparents, aunts/uncles, friends, etc.) are raising the children of other people. When these situations present themselves, there are many legal issues that need to be addressed.
First, as a general rule, there is a strong ... Read More
12
Nov2013
Several recent blog posts have directly or indirectly addressed the shift away from the traditional family of a mother, father, and two children to a more blended family, often involving participation from extended family members and step-parents. Other third parties can even be guardians or custodians who are not related to the parties, but help raise the children.
A recently passed California law allows for a change from the statutory two-parents-per child ... Read More
19
Sep2013
Without a court order a grandparent does not have a right to visitation with their grandchild. In other words, unless allowed by a parent, a grandparent cannot demand certain visitation with a grandchild. There are, however, specific circumstances under which a grandparent has the right to seek visitation.
A recent U.S. Supreme Court decision ruled that just any third-party may not petition for visitation because it unconstitutionally infringes upon the rights of parents1. The ... Read More