Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

A boy, 16, has been abused by his stepfather, he hit him and…

Customer Question
A boy, 16, has...

A boy, 16, has been abused by his stepfather, he hit him and the boy left the house. Before that, he was living in the home.My daughter, a teacher, has been feeding, clothing, and being a mother figure for 3 years from a distance. Now he wants her to be his legal guardian. Is this possible or does he have to be emancipated first because of her position as a teacher?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Yes, a CPS report has been done on my daughter but not the abuse. CPS does have an open file on the family. They just told my daughter no contact.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If my daughter can't take guardianship, can I. I can provide a safe secure home for him

Submitted: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 9 minutes by:
1/1/2018
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,014
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 4 months ago

It is possible to apply to the court for guardianship of a minor child prior to emancipation. Basically any third party may petition the court, and if CPS is involved the court will notify them of the proceeding so that they may participate.

Statutes here:

https://statecodesfiles.justia.com/indiana/2014/title-29/article-3/chapter-5/chapter-5.pdf

Essentially the court will, after notice to the parents, hold a hearing to determine if the petitioner should be appointed guardian. The court may appoint a guardian ad litem to oversee the best interests of the child, but often with 16 and 17 years old, if there is prior abuse and the child can express in a mature manner why they don't feel safe in the home, the court may choose to not appoint a guardian ad litem (the purpose of the Guardian ad litem is to ensure the child's well being is being considered, as opposed to the interests of the petitioner and/or parents.)

29-3-5-3 states:

court finds that: (1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor;

Also:

Considerations for appointment of guardian Sec. 4. The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following: (1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a). (2) Any request contained in a will or other written instrument. (3) Any request made by a minor who is at least fourteen (14) years of age. (4) Any request made by the spouse of the alleged incapacitated person. (5) The relationship of the proposed guardian to the individual for whom guardianship is sought. (6) Any person acting for the incapacitated person under a durable power of attorney. (7) The best interest of the incapacitated person or minor and the property of the incapacitated person or minor.

also please see:

https://www.indianalegalservices.org/node/51/general-information-about-guardianship-child

If the parents are willing to sign over guardianship here are the forms;

https://www.kidsvoicein.org/wp-content/uploads/2015/05/2001-CHINS-Deskbook-Guardianship-Forms.pdf

Otherwise for contested cases it is important to hire an attorney so they can prepare the documents and persuade the court that the guardianship is necessary for the child's well being.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Does it matter if she is a teacher for the guardianship.
Customer reply replied 4 months ago
His mother gave her temporary guardianship but CPS won't recognize it. If we go to court will that satisfy the fact she's a teacher?
Family Lawyer: LegalGems, Lawyer replied 4 months ago

They will look to the individual person to determine if the person is an appropriate fit. Presumably they would look favorably upon a teacher since they dedicate their lives to teaching.

The judge, not CPS, would make a determination as to the petitioner's qualifications. That is what they will consider at the hearing. If CPS has an objection to a specific person they can raise that at the hearing, but the judge is the ultimate arbiter.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Thank you
Family Lawyer: LegalGems, Lawyer replied 4 months ago

You are most welcome;

good luck to your daughter and the young boy.

Take care.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Family Law Question
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,014
13,014 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have made a petition to the courts to get guardianship of
I have made a petition to the courts to get guardianship of my niece and im worried that it will be denied becuase it is against her fathers consent … read more
Sue
Sue
Juris Doctorate
446 satisfied customers
If my wife and I have guardianship but not adoption but get
If my wife and I have guardianship but not adoption but get divorced what happens … read more
Sue
Sue
Juris Doctorate
446 satisfied customers
My daughter has gone to court and gotten guardianship papers
My daughter has gone to court and gotten guardianship papers filed on on her nieces child that she left in care with her since August of last year the mother left went on a fling and been involved in … read more
Sue
Sue
Juris Doctorate
446 satisfied customers
Need to establish guardianship for an adult disabled son.
need to establish guardianship for an adult disabled son. Have Powers of Atty but no guardianship, which may be necessary now and I wish to discuss the procedure and the ramifications for him and me… read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
I just asked you about temp legal guardianship. Can it be
I just asked you about temp legal guardianship. Can it be set to a 6 month duration where it can't be canceled until it expires. That means add legal terms to it so it can't be canceled by bio parent … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
I am a 17 year old female that wants to be emancipated from
Hello, I am a 17 year old female that wants to be emancipated from my mother. I am a junior in high school I plan to graduate next year with the class of 2019. I work full time as well as go to school… read more
fiftyshadesoflaw
fiftyshadesoflaw
Juris Doctor
60 satisfied customers
I just need help filling out a sc emancipation form to stop
HI I just need help filling out a sc emancipation form to stop child support … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I'm trying to get emancipated. Texas. This would be my first
I'm trying to get emancipated JA: What state are you in? It matters because laws vary by location. Customer: Texas JA: What steps have you taken so far? Customer: This would be my first step JA: Anyth… read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
In thinking of giving my mother in law legal guardianship
Hello, in thinking of giving my mother in law legal guardianship rights so she can take care of medical and school needs, do I have to worry about my parental rights or could the guardian keep me from… read more
Sue
Sue
Juris Doctorate
446 satisfied customers
A friend filed and took temporary guardianship of my child
A friend filed and took temporary guardianship of my child when my child decided to leave home and now my child wants to come home can I just take her home or how do I terminate temporary guardianship… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need questions to ask a lawyer on guardianship and power
I need questions to ask a lawyer on guardianship and power of attorney. one out of 5 siblings took it abound herself to get power of attorney alone though mother had requested 2 also took the deed to … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need to get emancipated quick and easy.. None. I just want
I need to get emancipated quick and easy JA: What state are you in? It matters because laws vary by location. Customer: Washington JA: What steps have you taken so far? Customer: None JA: Anything els… read more
Sue
Sue
Juris Doctorate
446 satisfied customers
I have a few questions on me being emancipated. Live in
None. I've tried working stuff out with my parents but we just don't get along. I don't believe like they do. As far as me having a place to live and etc is all taken care of … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
I have legal guardianship permanent guardianship over my two
I have legal guardianship permanent guardianship over my two granddaughters their dad has not paid any support neither has their mother and now my son is asking me to forgive the debt is that possible… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
174 satisfied customers
If a guardianship petition has been filed but a hearing has
if a guardianship petition has been filed but a hearing has not yet occurred does a parent need to file anything to withdraw his or her signature … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I need information on emancipation and the process. Florida.
Second opinion] I need information on emancipation and the process. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My mother and older niece have legal guardianship of my two
My mother and older niece have legal guardianship of my two underage nieces in California. My mother tried to move to Washington State with the girls but had to return to California because of my fath… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
In the State of SD if the grandmother has guardianship of a
in the State of SD if the grandmother has guardianship of a child and the parent has visitation, does the stepparent continue her visitation or does the parent visitation supersede the step parent? … read more
LegalGems
LegalGems
Lawyer
13,014 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x