For many of us, Grandparents played an important role in our lives. Now more than ever, grandparents seem to be actively involved in the raising of their grandchild(ren). In many instances, a grandparent may be raising their grandchild all together. If you have found yourself in such a situation, or you know someone who is, you may be wondering, “can I get custody of my grandchild?” This blog provides a brief overview for grandparents who are exploring options for obtaining custody of a grandchild they are raising. A few things to point out before discussing the different options. First, Indiana makes ...
Tag: Termination of Parental Rights
November 8, 2019CD
Yes. But as of Monday, July 31, 2018 so can certain advocates and attorneys for your children. This comes by a sweeping decision by the Indiana Court of Appeals applying the statutory authority for this power (or standing) created by the Legislature. This blog surveys when and why DCS may seek to sever a parent-child relationship and addresses who else the Legislature empowered to do so by a new application of the law. After the Department of Child Services (DCS) brings a Child in Need of Services (CHINS) case, and the court finds a legal basis for the children being CHINS, ...
August 8, 2018CD
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions you might want to ask your counsel. The Divorce Act. One of the most commonly applicable bodies of law is found under the Indiana Divorce Act statutes. This statute directs that a trial court make a child’s best interest in determining ...
June 2, 2015Adam Hayes
How Mental Health May Factor into the Legal Mix The ability to raise one’s children the way one sees fit is a fundamental, constitutional right. However, all rights, even those guaranteed by the United States Constitution, have more or less obvious boundaries. Stated differently, no right is unconditional. For example and related to this blog post, children must be educated and live in a healthy and safe home. The issue of a parent with mental health diagnoses, and his or her ability to parent, is a complex medico-legal question and difficult one in any situation. This requires a case-by-case analysis. Some mental ...
June 28, 2012CD
One of the most difficult cases Ciyou & Dixon attorneys face as domestic advocates is with CHINS (Child in Need of Services - Ind.Code § 31-34-1-1) proceedings that is re-filed and turns to a TPR case (Termination of Parental Rights - Ind.Code § 31-35-2-1). What occurs is a parent or parents do not respond to coercive interventions of the court and to protect the children, the DCS (Indiana Department of Child Services) may file a suit to terminate the legal rights of such parents. On February 14, 2012, the Indiana Court of Appeals, on rehearing, affirmed it prior decision in Termination ...
February 16, 2012CD