Important: This article is general information about the guardianship process in Indiana, not legal advice. Procedures vary by county and case. Contact an attorney for guidance on your situation.

If you are caring for a child who isn't legally yours — a grandchild, a niece or nephew, a friend's child — at some point the paperwork catches up with you. The school wants a parent's signature. The doctor wants authority. Guardianship is how you get it. Here is the process in Indiana, step by step, so you know what to expect before you walk into the clerk's office.

Guardianship of a minor in Indiana runs under Title 29, Article 3 of the Indiana Code (IC 29-3). For the bigger picture of what guardianship is and how it compares to custody and adoption, see our overview of guardianship of a minor in Indiana and our guardianship page. This article focuses on the how.

Who Can File

Indiana lets an interested adult petition to become a child's guardian — most often a grandparent, an aunt or uncle, an adult sibling, or a close family friend who is already caring for the child. The court is looking for a responsible adult who is suitable to serve and whose appointment is in the child's best interests. You do not have to be a relative, but relationships and the existing caregiving arrangement matter.

Step 1: File the Petition

The case begins when you file a verified petition for appointment of guardian in the appropriate Indiana court, usually in the county where the child lives. The petition identifies the child, you as the proposed guardian, the child's parents and other close relatives, and the reasons a guardian is needed. It also states whether you are seeking guardianship of the person, the estate, or both. A filing fee applies and varies by county.

Step 2: Give Notice to the Parents and Others

Guardianship is not something that happens quietly. Indiana requires that notice of the petition go to the child's parents and certain other interested people, so they have the chance to appear and respond. Getting notice done correctly is one of the most common places a case stalls, because the court generally will not proceed until the required people have been properly served or have waived notice. If the parents consent and sign, this step moves quickly; if they cannot be located, the court may require additional steps.

Step 3: The Hearing and the Best-Interests Standard

The court holds a hearing on the petition. The judge's central question is whether a guardianship is necessary and whether the proposed guardian is suitable — all measured against the best interests of the child. If everyone agrees, the hearing can be brief. If a parent objects, it becomes a contested matter, and the court weighs evidence about the child's needs and the parents' situation. This is the point where having an attorney matters most.

Step 4: Appointment and Letters of Guardianship

If the court grants the petition, it issues an order appointing you as guardian and the clerk issues letters of guardianship. Those letters are the proof of your authority — the document you show a school to enroll the child, a doctor to consent to treatment, or an agency to handle the child's affairs. Keep certified copies; you will be asked for them more than you expect.

After You're Appointed

Being a guardian comes with ongoing responsibilities. A guardian of the person cares for the child's housing, schooling, and medical needs. A guardian of the estate must manage the child's money prudently and account to the court for it. Some major decisions may require court approval, and the court keeps a measure of continuing oversight. The guardianship generally lasts until the child turns 18, but it can be modified or ended earlier if circumstances change.

Get It Right the First Time

Hammond Legal helps caregivers establish guardianship across Central Indiana, including Madison, Hamilton, Marion, Hancock, Shelby, Delaware, and Henry counties. If a child is depending on you, contact Hammond Legal at 317-284-9944 and we will help you take the right steps in the right order.

Common Questions

Do I need a lawyer to get guardianship in Indiana?
You are not strictly required to, but guardianship involves a verified petition, formal notice to the parents and others, and a best-interests hearing. A contested case, or one involving the child's property, is hard to handle alone. Many people have an attorney prepare and present the petition to avoid delays and mistakes.
How long does it take to get guardianship of a child in Indiana?
An uncontested guardianship can often be completed in weeks to a few months, depending on the court's schedule and how quickly notice is completed. A contested case takes longer. When a child needs immediate protection, a temporary guardianship can be sought on a faster track.
Do the parents have to agree to the guardianship?
Not necessarily. Parents are entitled to notice and a chance to be heard, and their agreement makes the case simpler. But a court can appoint a guardian over a parent's objection when the evidence shows it is in the child's best interests. Those contested cases are more involved.
What are letters of guardianship?
They are the court document proving a guardian's authority. Once the court appoints a guardian, the clerk issues letters the guardian can show to schools, doctors, and other institutions to enroll the child, consent to care, and handle the child's affairs.
Is there a filing fee for guardianship in Indiana?
Yes. Courts charge a filing fee to open a guardianship case, and the amount varies by county, with possible additional costs such as service of notice. A fee waiver may be available for those who qualify. Contact the court or an attorney to confirm the current cost in your county.

Ready to File for Guardianship?

Attorney Emilee Hammond can prepare the petition, handle notice, and present your case — so the child in your care has the stability they need.