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Many children in Indiana are being raised by grandparents, aunts and uncles, stepparents, or family friends who stepped in when a parent couldn’t. These caregivers often handle everything a parent would, from school pickups to doctor visits to paying the bills, but they have no legal authority unless a court gives it to them. De facto custody covers caregivers who have been raising and supporting a child and want a court to recognize that role in a custody case.
Indiana law defines a de facto custodian as a person who has been the primary caregiver for, and financial support of, a child who has lived with that person for at least six months if the child is under three, or at least one year if the child is three or older. Time after a custody case is filed doesn’t count toward that period, and foster care placements don’t qualify. The caregiver must prove de facto custodian status by clear and convincing evidence.
Being found a de facto custodian doesn’t automatically mean the caregiver gets custody. Once the status is established, the caregiver is made a party to the custody case, and the court considers additional factors, including the caregiver’s wishes, the extent to which the child has been cared for, nurtured, and supported by the caregiver, and the parent’s intent in placing the child with the caregiver. Indiana law also presumes that a child belongs with a parent, and a third party seeking custody must overcome that presumption by clear and convincing evidence, such as a parent’s unfitness, long acquiescence, or voluntary relinquishment of the child.
At RileyCate, we help grandparents and other caregivers seek de facto custodian status and custody, and we represent parents responding to these claims. For other ways a caregiver can gain legal authority for a child, see our Guardianship and Custody page.
De facto custody cases require strong evidence and a clear presentation of the caregiver’s role in the child’s life. Keith L. Hancock leads our family law team. Keith is Of Counsel at RileyCate, LLC, and family law is the primary focus of his practice. His background includes work as a deputy prosecutor, deputy public defender, associate attorney, and founding member of his own prior firm, giving him a practical understanding of how cases are prepared, negotiated, and tried.
Keith personally oversees every family law matter we take on, working with the attorneys, associates, and staff the case calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been raising a child and need legal authority to protect that relationship, or you’re a parent facing a caregiver’s claim, clear advice can help. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a family law attorney.
