Legal Question in Family Law in Indiana

If the legal guardian of a 16-year-old is not paying to get that child insurance, constantly has the risk of losing their home because the guardian is always late on rent, is late on internet bills (which they need because the child is going to school online, therefore the guardian is obligated to keep that on), and can barely keep any food in the house... Can the non-custodial parent get custody of the 16-year-old? Do they have a good case? The guardian has said the non-custodial parent can have custody but then always backs out at the last second for obscene reasons. Does the non-custodial parent have a good case to get their child? The 16-year-old would definitely rather live with the non-custodial parent.

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