Legal Question in Family Law in Indiana

(Indiana) If you can prove that your sister is an unfit mother, what steps, if any, can a family member take (brother) to insure that the child does not go to a foster home, but to be granted at least temp legal guardianship. The brother lives in GA and the child in question is 12.

I understand "unfit" is up to interpretation, but for the sake of this forum, lets define it as truly unfit.


Asked on 7/24/09, 10:35 am

1 Answer from Attorneys

The court will do what is in the best interest of the child and as a third party you can seek custody or guardianship. If there is anyone in the family who your sister respects and listens to, you should try to have her talk with that persom about agreeing to a guarduanship until such time as she gets her act toghether. A petition can then be filed with consents and this can be a relatively quick process. If there is no such person and she will not agree, you have to file for temporary guardianship and then for permanent guardianship. You will need to have an attorney. This is not the kind of matter that one should undertake without a lawyer. Good luck.

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Answered on 7/24/09, 12:03 pm


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