Sometimes, you see what others won’t — a child who keeps missing school, a fridge that’s always empty, a mom in and out of rehab or a dad who hasn’t been around in weeks. And now, you’re the one showing up with groceries and checking in after dark, filling a role no one asked you to take on — but somehow, it’s fallen on you.
If you are stepping up while the parents can’t, the question becomes: how do you do this legally, with the court’s backing and not just out of love? That is where guardianship comes in — and in Indiana, there’s a process for making that care official.
You must show the child’s well-being is at risk
Getting guardianship is not automatic just because you are willing; the court needs a reason to remove decision-making rights from the parents, even temporarily. That usually means showing that the child’s physical, emotional or financial needs aren’t being met — whether due to addiction, abuse, neglect, incarceration or simply absence.
Indiana courts will always come back to one thing: is this in the best interests of the child? If the answer is yes, they will want to see that clearly.
You must meet Indiana’s legal requirements
The court is not looking for perfection, but you do need to be legally eligible to take on the role. That means being at least 18, mentally competent and able to pass a background check. You don’t need to be married, own a home or make six figures, but you do need to provide stability, routine and a safe space for the child to land. The more consistent your relationship with the child, the stronger your case becomes.
You must file a petition and notify the parents
Once you decide to move forward, the legal steps start with filing a guardianship petition in the appropriate Indiana probate court. You will also need to notify both parents, even if they’ve been absent or unreliable. This doesn’t mean they have to agree — it just means they have a chance to respond. In some cases, the court will assign a guardian ad litem to investigate and offer input on what’s best for the child before making a decision.
You may not get full parental rights
Even with guardianship, you are not replacing the parents forever, unless their rights are terminated separately. Guardianship lets you make day-to-day decisions, like enrolling the child in school or authorizing medical care, but it can be temporary, and parents can petition the court later to regain control. It’s a legal tool meant to protect the child now, not erase the parents entirely.
When love needs the law behind it
It’s one thing to care deeply about a child; it’s another to carry the weight of that responsibility without legal standing. If you are already acting as the stable adult in the room — the one who shows up when it counts — it might be time to take the next step. Getting guardianship can give you the authority to make real decisions and shield that child from slipping through the cracks any further.