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Can You Gain Child Custody in Indiana as a De Facto Custodian?

It is generally believed that the best place for a child to be housed and cared for is with the child’s parents. While this is true in many cases, there are situations in which a child’s biological parent is not the safest, and best individual to properly care for them. When this happens, an eligible third party who is interested in obtaining custody of a child whose biological parents are unqualified to take charge of them has options in the state of Indiana.

A third-party may be declared what is called a “de facto custodian,” and this term describes a person who has provided primary care and financial support for a child. In addition, a third-party party must have resided with a child who is under the age of 3 for at least six months. For children three years of age and older, a third-party must have resided with the child for at least a year. Following previous court precedent, those who have been the primary caregiver for the majority of the time can still have the ability to be deemed the de facto custodian of a child. 

Of course, there are exclusions to these guidelines which can play a part in your ability to be the de facto custodian. To understand what your rights are when it comes to child custody in Indiana, working with an Indiana Child custody lawyer is best advised. Christopher L. Arrington is an Indiana family law attorney who can answer all of your questions and provide you with the options available regarding gaining child custody.

Do Third-party Individuals Have Standing When it Comes to Child Custody in Indiana?

Yes, a qualified third-party does have standing for securing custody of a child, specifically when that child is best served and taken care of by the third party. This is the purpose of the Indiana de facto custodian statute. If you have the ability to show that you are a qualified Indiana de facto custodian for a child who is in the midst of a custody hearing, you may be given the opportunity to take responsibility for the child.

Like any legal case, the outcome is a result of the details of the case and every case is different. The factors and circumstances that have led to you pursuing de facto custodianship will determine whether your attempts are successful or not. These cases are never straightforward, but are often highly complicated, emotional, and involved. When it comes to determining what individual and home are the best for a child, especially when options exist outside of biological parents, the process is never simple. Using an experienced and knowledgeable attorney is the best way for a legitimate third-party custodian to ensure that the child they are fighting for is well taken care of and goes to the right caregiver.

Do You Need the Help and Support of a Child Custody Attorney In Indiana?

When you are navigating the highly complex and extremely personal fight to have a child you love placed with the most rightful and safe custodians, call Christopher L. Arrington. Christopher L. Arrington is an Indiana child custody attorney who can help you with your fight. Call Christopher L. Arrington, PC, an Danville, Indiana child custody lawyer to discuss the details of your circumstances during a free consultation at (317) 745-4494.

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