How to Get Guardianship of a Child in Indiana
A step-by-step guide under IC 29-3 — who can file, the petition, notice to the parents, the best-interests hearing, and letters of guardianship.
Indiana Law
Practical articles on Indiana criminal defense, family law, CHINS, appeals, employment law, and more — written for people, not lawyers.
Hammond Legal publishes regular articles on Indiana legal topics — explaining procedures, answering common questions, and providing context that helps people understand their situations before they walk into a consultation. Articles are informational only and are not legal advice.
A step-by-step guide under IC 29-3 — who can file, the petition, notice to the parents, the best-interests hearing, and letters of guardianship.
When a child needs protection right now — temporary guardianship under IC 29-3 and the parental power of attorney for short-term care.
What actually drives the cost and timeline — by type (stepparent, relative, agency, private), the home study, and whether consent is contested.
When an Indiana adoption can proceed without a parent's consent — the IC 31-19-9 exceptions for abandonment, failure to support, and unfitness.
When grandparents, aunts, uncles, and other relatives adopt a child already in their care — consent, the streamlined home study, and the process.
Yes, you can adopt an adult in Indiana — formalizing a lifelong bond under IC 31-19. Who consents, why families do it, and the streamlined process.
What guardianship of a minor means under IC 29-3, guardian of the person vs. the estate, how it differs from custody and adoption, and how to file.
The consent question that decides most stepparent adoptions, the exceptions when the other parent's consent isn't required, the putative father registry, and the final hearing.
Three tools, one decision. How custody, guardianship, and adoption differ on parental rights, permanence, and reversibility — and how to choose.
Indiana's Putative Father Registry (IC 31-19-5) gives an unmarried father the right to notice of an adoption — but only if he registers in time. The deadline, the stakes, and why adoptive parents must check it.
A sentence on paper rarely equals time served. How credit time, jail credit, and consecutive counts change the real number — plus a step-by-step guide to Indiana's free, little-known sentence calculator.
Who can file, the ex parte order, what relief is available, how long orders last, firearm consequences, and how a protective order differs from a no-contact order.
Paternity affidavits vs. court actions, the 60-day genetic-test window, the two-year filing deadline and its exceptions, and what legal paternity means for custody and support.
The Wage Payment and Wage Claims statutes, final-paycheck rules, FLSA overtime, the 2024 salary-exemption rollback, liquidated damages, and a two-year clock already running.
At-will employment, the public-policy exceptions, the EEOC 300-day and OSHA 30-day deadlines, constructive discharge, releases, and what evidence to preserve now.
Ind. Code chapter 35-38-9: the five tiers, waiting periods, what can't be expunged, the one-petition-per-lifetime rule, and Indiana's anti-discrimination protections.
The income shares model, parenting-time credit, the 2024 Guidelines update, the 20%/12-month modification path, emancipation at 19, post-secondary expenses, and enforcement tools.
Indiana is a deferral state — you generally have 300 days. Learn the EEOC/ICRC process, the right-to-sue letter, the 90-day window, and claims that don't go through the EEOC.
Appeal, petition to transfer, federal habeas, successive petitions, and clemency — the paths available after a PCR denial and the strict 30-day window to act.
Advisory sentences, minimum and maximum ranges, the Level 6 alternative misdemeanor, habitual offender enhancements, credit time, and how level affects expungement.
Step-by-step procedural guide to Indiana PCR Rule 1 — the verified petition, State's response, evidentiary hearing, findings, appeal, and the successive petition limit.
The nine-factor Carter test, the DNA testing statute (IC § 35-38-7), Brady violations, witness recantations, and why the first PCR petition must include everything.
The best-interests standard, legal vs. physical custody, joint custody, the child's preference, Indiana's relocation statute, and how to modify an existing order.
A separate, often-overlooked tool from appeal or PCR — how Indiana's sentence modification statute works, who qualifies, and what the court considers.
Residency rules, the 60-day waiting period, property division under Indiana's one-pot approach, and what a final decree contains — step by step.
What DCS must prove by clear and convincing evidence, how TPR differs from a CHINS case, and what rights parents have throughout the process.
The authoritative plain-English guide to PCR under Indiana Rule 1 — what it can address, the most common grounds, the process, and timing.
The two-part Strickland test, common examples of ineffective assistance, and how the claim is raised through post-conviction relief.
You may have only 30 days to appeal. How a direct appeal works, what the Court of Appeals does, and your options if it fails.
From arrest and the initial hearing to diversion, drug court, trial, and sentencing — a plain-English walkthrough of an Indiana drug case.
Indiana's Second Chance Law can seal a drug conviction — but you usually get one filing. Waiting periods, the one-bite rule, and what qualifies.
If DCS has opened a case involving your family, this guide explains every step — from the first 48-hour hearing to permanency — and what you should do right now.
Explore the practice area pages for detailed information on the areas Insights will cover.
Divorce, child custody, support, modifications, and protective orders — representation for families navigating Indiana family court.
Learn MoreDefense for Level 1 through Level 6 felony charges in Indiana — from arraignment through trial, sentencing, and beyond.
Learn MoreRepresentation for parents and guardians in Indiana CHINS proceedings — protecting family relationships and parental rights.
Learn MoreSchedule a consultation to get answers specific to your situation — not generic information.