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Can grandparents get custody of grandchildren in Indiana?

As a legal guardian, a grandparent can access services for the child without having to be the parent. Without a court order providing for guardianship, you have no legal rights to custody of your grandchild.

How do I get temporary custody of my grandchild in Indiana?

If the grandchild's custodial parent dies or cannot safely care for the child and the other parent does not have custody, the grandparent can file a petition with the court for emergency temporary custody.

Can a grandparent file for emergency custody in Indiana?

Grandparent Temporary and Permanent Custody Rights First, a court may grant an emergency temporary order awarding custody to someone other than the non-custodial parent in situations where the custodial parent or guardian dies or cannot care for the child.

How long does emergency custody take in Indiana?

Emergency custody happens when a child is not safe in their home and is therefore removed from the home. The child is placed in protective emergency custody awaiting an initial hearing within 48 hours, excluding Saturdays, Sundays and certain legal holidays. Was this article helpful?

What does temporary custody mean in Indiana?

Temporary custody is the right of a parent to have parenting time with his or her child overnight or for an extended time.

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How much does it cost to file for emergency custody in Indiana?

Expect to pay between $130 and $200 when you file. Your county may have additional costs, including fees for motions (e.g., a request for temporary orders), notary services and making copies. If you can't afford this, you may be eligible for a fee waiver. Submit the request along with your other paperwork.

Can a parent keep a child from the other parent without a court order Indiana?

IF THE PARENTS OF THE CHILD ARE MARRIED, and there is no court order for custody of the child, then each parent has equal rights to custody of the child. Basically, whoever has the child can keep the child.

Can a grandparent file for emergency custody in Indiana?

Grandparent Temporary and Permanent Custody Rights First, a court may grant an emergency temporary order awarding custody to someone other than the non-custodial parent in situations where the custodial parent or guardian dies or cannot care for the child.

How do you file for emergency custody in Indiana?

If one parent believes that a child faces danger from the other parent during or after a divorce, he or she can call the Indiana Department of Child Services Hotline to file a report.

What are grounds for emergency custody in Indiana?

However, there are four somewhat common situations where a trial court may set an emergency hearing and modify custody, if the right evidence is present: (1) criminal arrest or conviction; (2) drug or alcohol overdose; (3) suicide attempt; and/or (4) incapacity.

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