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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: 7 months ago.Category: Family Law
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1/1/2018
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,964
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 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.

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Customer reply replied 7 months ago
Does it matter if she is a teacher for the guardianship.
Customer reply replied 7 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 7 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.

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Customer reply replied 7 months ago
Thank you
Family Lawyer: LegalGems, Lawyer replied 7 months ago

You are most welcome;

good luck to your daughter and the young boy.

Take care.

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Family Lawyer: LegalGems, Lawyer replied 7 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:
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