Summary
In Indiana, third-party custody may be granted if both parents are unfit or voluntarily relinquish custody. To support a family member in a custody case, you can testify in court, provide written statements, and offer emotional support. To determine if your sister has legal custody, she should request a court order from the Clerk of the Court. Obtaining sole legal custody requires showing its in the childs best interest and demonstrating the other parent is unfit. Documenting abusive behavior, gathering medical records, and procuring witnesses can provide evidence. Judges consider factors like the childs health, parental relationships, and evidence of domestic violence when deciding on parenting modifications. Emotional abuse is recognized as domestic violence in Indiana.Full Conversation
I need family Law advice for Indiana
Hello ****, I'll do my best to help you. Could you please give me more details about your situation? For example, are you dealing with divorce, child custody, or adoption processes?
I am the aunt of a child in a custody case for two parents who were never married. I am also a Licensed Associate Marriage and family therapist with specific knowledge and training that allows me to recognize damaging, harmful behaviors demonstrated by her father that are drastically impacting her emotional development and behaviors
Hello ****, your professional knowledge can certainly contribute to the child's welfare. In Indiana, third-party custody may be granted in certain circumstances:
- When both parents are deemed unfit
- When both parents voluntarily relinquish custody
- If the child has been with the third party for an extended period.
It would be best to consult with a local family law attorney to explore your options.
I am not seeking custody, I am looking to support my sister, the mother in her custody case against the aforementioned father
Hello ****, you can support your sister in several ways:
- Testifying in court: If you've witnessed harmful behaviors, your testimony could be crucial.
- Providing a written statement: If the court allows, this could be used as evidence.
- Emotional Support: Being a pillar of support for your sister throughout the process.
Remember, consulting with a local family law attorney would be beneficial.
how do I find out if my sister has legal custody?
Hello ****, to determine if your sister has legal custody, she should have a court order dictating custody arrangements. If she doesn't have it or unsure, she can request a copy from the Clerk of the Court where the order was issued.
how long would it take to receive such a document from the clerk of the court
Hello ****, the time frame can vary depending on the court's workload. Generally, it can take anywhere from a few days to a few weeks. It's best to contact the specific Clerk of the Court for a more accurate estimate.
how is the scope of your knowledge comprised?
FreeLawChat's knowledge is based on general legal principles and regulations across various jurisdictions, including Indiana. This knowledge base is continually updated to stay current with changes in laws and regulations. However, it is essential to consult with a local attorney for specific legal advice.
How can a parent attain sole legal custody
In Indiana, to obtain sole legal custody, a parent should:
- Show that it's in the best interest of the child.
- Demonstrate that the other parent is unfit.
- File a petition with the court.
- Provide strong evidence to support their claims.
It's recommended to consult an attorney for guidance.
we will appear pro se because we cannot afford an attorney. What questions should we consider to provide evidence that the father is mentally unstable and emotionally abusive to the child and her mother
To provide evidence of mental instability and emotional abuse, consider:
- Documenting instances of abusive behavior
- Gathering medical or counseling records indicating harm to the child/mother
- Procuring witnesses who can testify about the father's behavior
- Collecting any relevant police or Child Protective Services reports.
Remember, the court's focus is the child's best interest.
what factors will a judge consider in Indiana when deciding on parenting modifications that request parenting education classes, therapy or a psychological evaluation
In Indiana, when deciding on parenting modifications, a judge may consider factors like:
- The child's age, health, and relationship with each parent.
- Each parent's willingness to facilitate a relationship between the child and the other parent.
- The mental and physical health of all parties involved.
- The child's adjustment to their home, school, and community.
- Evidence of domestic or family violence, if any.
Does emotional abuse count as domestic violence
Yes, in Indiana, emotional abuse can be considered a form of domestic violence. It's crucial to document instances of emotional abuse and consult with a local family law attorney or domestic violence organization to understand your rights and options.
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