When the parents cannot care for their child (due to incapacity or other circumstances), a non-parent may step in. In Indiana, there are many circumstances where a child may need a caregiver other than their biological parents. In Indiana, a legal guardianship gives a non‑parent the authority to make decisions for a child (or an incapacitated adult).
Indiana courts may approve guardianship when a parent is unable to care for a child for a period of time. Unlike adoption, guardianship usually does not end a parent’s rights. Parents may still have certain rights, including parenting time, unless the court limits those rights.
The basics of guardianship
Before seeking legal guardianship over a child, it is important to know what kind of authority you may obtain. A court may grant two types of guardianship:
- Guardianship of the person: This gives you the right to make daily living decisions for the child. The responsibilities include schooling, medical care and supervision.
- Guardianship of the estate: Courts may grant this type of guardianship if the child has significant assets. Your responsibilities involve managing money or property belonging to the child.
Guardianship does not automatically terminate parental rights. Parents often retain certain rights (including possible parenting time), unless the court orders otherwise. Indiana generally considers guardianship as less permanent than adoption.
Length of guardianship
State law allows both temporary and permanent guardianships. How long your guardianship lasts depends on the probate court’s order. For example, emergency guardianship lasts up to a maximum of 90 days. However, you may request a single extension of another 90 days if the emergency persists.
For limited or permanent guardianship, your care and authority will last as long as the child needs it. Guardianship generally ends when the child turns 18, unless extended up to age 22 by joint petition or incapacity.
Are you fit to be a guardian?
Under Indiana law, any responsible and suitable adult whose appointment is in the child’s best interests can become a legal guardian. Guardians can be family members, non-relatives or a parent’s designated choice for guardian.
To begin, you must file a petition for Appointment of Guardian in the county where the child resides. Remember, before initiating the process, remember that guardianship is an ongoing commitment. Guardians in Indiana must file periodic reports with the court to update the judge on the child’s well-being. You may want to seek legal counsel in complex cases (such as if the parent contests your guardianship petition).