The first question is: “Who can request custody of third parties”? There are two main ways to seek custody of a third party.3 First, Indiana Code Section 31-17-2-3 (2) allows any “person other than a parent” to apply for custody of a child. The Indiana Supreme Court has interpreted this law so that any third party (you) has the authority to bring an independent custody action4.4 Second, a de facto custodian may bring an action for review of custody in order to obtain custody of the biological parents. Indiana Code Section 31-9-2-35.5 defines “de facto guardian” as a person who was “the primary reference person and financial assistance to a child who lived with the person.” In addition, the law imposes a minimum amount of time that the person must have for the child before he or she can be considered a de facto guardian. In particular, a person must care for a child under the age of three for a period of at least six months and one year for a child three years of age or older.5 Cases of third-party ownership are unique and extremely complex. There are no clear answers, as cases of third-party detention are very sensitive to the facts. Such cases require an experienced lawyer who will guide you and guide you through the murky waters of control law and distill the evidence to defend your case. Ciyou &Dixon, P.C. Attorneys practice throughout Indiana and understand the complications of third-party custody cases, as they have handled them in different districts across the state and on appeal. This blog post was written by Ciyou &Dixon, P.C. Lawyers dealing with all facets of third-party custody throughout the state. This blog is not intended as specific legal advice or an invitation to provide services. It`s an ad.
A widespread belief in our society is that children are often best placed in the care and custody of their biological parents. The Supreme Court has ruled that one of the oldest fundamental rights in the United States is the right of parents to “care for their children, care for and control their children.” 2 While this right is fundamental, like almost everything in life, it is not absolute….