Legal Question in Family Law in Indiana

Emergency Custody/Temp Custody

I have currently had my niece, 2yrs of age, and my nephew, 3yrs of age, for 3 months. Their mother has made no attempt to see them or send any finacial assistance for them. She is currently residing in another state and receiving goverment support, and medical card for both of them and not providing me with any information so I may take them to the doctor. My husband and I took them to the doctor the other day and they were diagnosed with ringworm on the scalp, we can not afford the $300 for medicine and thei mom refuses to give us the medical card. She was also recently arrested and does not have a job or a permanent place to live. We would like to get temporary or permanent custody of the children so they may be properly taken care of. We have also had my niece for more than 8 months out the year total and would like to claim her on our taxes as we have taken care of her with no support from the mother. Please advise me of our rights and what steps we need to take in order for us to get custody.

Thank you.


Asked on 11/16/04, 10:48 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Emergency Custody/Temp Custody

You need to file a petition for guardianship over the children since mother is out of state. Now, if the parents were divorced in Indiana in the county where you reside, you may need to intervene for custody of the children or do so in a paternity suit there. You need to contact a local attorney to begin this process and one in your community will be best able to advise you whether you need a guardianship or to intervene for custody according to the local court's directions. Because the child/ren need medical care, you should not let this go on. Your local bar association will be able to give you a referral to pauper counsel if necessary. Once you have a guardianship and/or custody, you will be able to cover the children on your health insurance or apply for Hoosier Healthwise.

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Answered on 11/19/04, 10:42 am


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