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 three major factors1 a party may show, any one of ... Read More
Tag: guardianship
23
Apr2015
16
May2013
When child custody is at issue, or during a guardianship or defacto case, the physical and mental health of the parties is often of the upmost importance. Understanding the party’s ability to properly care for a child and act in the best interests of a child is an important determination in family law.
But, how does a party determine the physical and mental health of another? Often this is accomplished through the discovery process, and if specific concerns are alleged, the discovery can be specific to those concerns1.
There are several examples of potential concerns that may prompt discovery and evidence of ... Read More
07
Mar2013
A recent House Bill to unanimously pass the Indiana House of Representatives addresses issues of guardianship and custody and the inclusion of information from the Indiana Department of Child Services (DCS) and Children in Need of Services (CHINS) in the guardianship and custody proceedings.
House Bill 1041provides that if a person files a petition to establish or modify a guardianship, visitation, or child custody, that person shall submit a verified petition whether the person has been determined to be a perpetrator of abuse or neglect (substantiated by DCS); whether the child has been a victim of substantiated abuse or neglect; whether ... Read More