Legal Question in Family Law in Indiana
How to get immediate temporary guardianship of a child in danger?
My nephew who is 10 yrs, lost his mother a year ago (my sister) His Dad now lives with him in the house my sister left for their son. They were divorced. His Dad recieves Social Security monies to care for this child from her death, but I've learned from him this is being spent to tend to his cocaine habit. He was arrested a month ago for cocaine. Court this month,. He has admitted he has never stopped using thats what caused their divorce. This little boy is scared. He needs love, and happiness installed back in his life. I, his Aunt and all of his Mom's family want to do something, we don't know how to tackle this. Please advise. Thanks in advance. T Bird
1 Answer from Attorneys
Re: How to get immediate temporary guardianship of a child in danger?
Unless an emergency arises (such as dad is in jail) without dad's agreement for one of the relatives to take the child in, it will be very difficult and expensive to undertake a case to obtain custody of the child. Depending upon the county you and the child reside in, a guardianship over the child is the most usual procedure. There is a possibility that you could request to intervene in the divorce case for custody to a third party. In any case if the parent does not agree, then you have the burden of proof that he is unfit as a parent. If it is timed right to a time when he is jailed, it could be presented as an emergency when the parent is unavailable and it is frequently more difficult for the parent to get what you have done undone.
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