Legal Question in Family Law in Indiana

Re: I need information on how to get one of my sisters children in my care

Generally, the probate court in the county where the child is residing at the time a guardianship is sought is the proper place for venue. So, if you are taking the child out of state, do so before seeking the guardianship. It is a guardianship that you are seeking. In Indiana, and particularly in Marion County, the judges require that in divorce cases, the guardianship be applied for through the divorce court instead of the probate court. And in paternity suits, if paternity has been established in a court proceeding, then you would need to intervene for the purposes of obtaining third party custody. If you are taking a child out of Indiana who is subject to a custody order due to divorce or paternity, then the custodial parent must apply to the court for permission to move the child and give the other parent notice of the move. If your relative is the only parent of the child, then you have two options: a guardianship in probate court or a power of attorney from the parent to allow you to care for the child for the next 60 days. If the time your relative needs is more than 60 days in Indiana, a guardianship is required. All of the foregoing applies only to Indiana law. I cannot tell you about Kentucky law. You need to call a local attorney or the local probate court for assistance.