Emergancy custody order for indiana form 2025

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How to File for Emergency Custody in Indiana Consult with an attorney. Prepare your petition. File the petition with the court. Attend the hearing. Follow up with a full custody hearing.
There must be an emergency An emergency means theres immediate danger of: Irreparable harm to someone in the case (usually you or your child) Loss or damage to property.
Typically, emergency custody can be granted within a day or two. However, factors like court caseload, the clarity of evidence, and specific circumstances can influence the speed.
During a custody battle, parents should not lie, mislead, fabricate, or exaggerate. Avoid criticizing the other parent and let the judge weigh the facts. Dont make threats or promises. Avoid criticizing the child for wanting to spend time with the other parent.
Offensive conduct, uncomfortable living conditions, or inattention to the childs needs will likely not be sufficient to warrant an emergency custody order.
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Wait for the Hearing: If the emergency custody was denied, it means the court likely found that the situation did not rise to the level of an emergency. You should prepare for the regular custody hearing, where you will have the opportunity to present evidence and arguments supporting your position for custody.
File a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding filing of guardianship petition. Pay the filing fee.

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