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
16
Feb2017
Without question, more third parties--from neighbors to grandparents--are caring for or raising others’ children. What are their rights to contact, visitation, parenting time, and custody of the children they are caring for and/or raising?
This is a complex factual and legal question since the United States Constitution provides biological (and adoptive) parents with the fundamental (i.e., high level) right to raise their children; this legal right trumps the fact a third party may do a markedly better job.
This blog post explores ... Read More
04
Jan2017
"Do I need an Attorney if I'm am contacted by CPS about my child in Indiana?"
Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child in Need of Services case to be prosecuted. Many parents wonder when and if they should ... 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
23
Apr2015
At one time, grandparent visitation was a hot topic. Today, however, third parties, who often include grandparents, are raising the children of other parents. At some indeterminate point in time, this third party may have standing to seek a form of custody under a guardianship legal proceeding or de facto custody statutes.
A natural parent has the constitutional right to raise his or her child, but the welfare and happiness of the children are ultimately of paramount importance. To overcome a natural parent’s right to custody a third party, there are ... Read More