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When a parent can’t care for a child because of illness, incarceration, military deployment, substance abuse, or death, someone needs the legal authority to enroll the child in school, consent to medical care, and make everyday decisions. Guardianship and custody covers the ways grandparents, relatives, and other caregivers can obtain that authority, and the rights of parents when someone else is seeking it.
In Indiana, a guardianship of a minor is usually handled in probate court. A court can appoint a guardian when it’s in the child’s best interests, often with the parents’ consent, and the guardian then has authority similar to a parent’s over the child’s care, education, and support. Unlike adoption, a guardianship doesn’t end the parents’ rights, and a parent can later ask the court to end the guardianship. When a child needs care right away, a court can appoint a temporary guardian for up to 90 days, with one possible extension of up to 90 more days.
When a parent doesn’t consent, the caregiver must overcome Indiana’s strong presumption that a child belongs with a parent. That requires clear and convincing evidence, often based on a parent’s unfitness, long acquiescence in the caregiver’s role, or voluntary relinquishment of the child. Some families use a custody case instead of a guardianship, especially when a caregiver qualifies as a de facto custodian. The right choice depends on the family’s situation, whether the parents agree, and what kind of authority the caregiver needs.
At RileyCate, we help caregivers seek guardianship and custody, help parents respond to or end a guardianship, and guide families through temporary and long-term arrangements. For caregivers who have been raising a child for some time, our De Facto Custody page explains another path.
Guardianship cases involve a child’s safety and a family’s future, and they call for an attorney who prepares carefully and explains each option clearly. 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 need legal authority to care for a child, or you’re a parent facing a guardianship, getting advice early can protect the child and your rights. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a family law attorney.
