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I habe a notarized power of attorney and temporary

Customer Question
I habe a notarized...

I habe a notarized power of attorney and temporary guardianship form, but need to get a court or judge seal for official approval? Is there anyway to get this in indiana without setting a court date

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Indiana family court?

No ma'am it was an emergency and trying to not get the system involved as much as possible.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No can't afford one

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

I think that's it

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
3/15/2018
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,259
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. I'm sorry to hear about your situation. The answer to your question, unfortunately, is yes, you need a judge's approval to officially have guardianship over the child. The law requires that the court provide you with the official capacity to make decisions on behalf of the child. This is important if the child needs to go to the hospital or needs decisions made regarding their schooling. Without the court's approval, your power is very limited.

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Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

If you are looking to have legal rights over the child, then you must go through your state's court system. It typically starts with filing a petition, which is just a request through the courts to remove the rights of at least one of the parents in favor of you. Once you fill out the petition, you should make three copies: one to you, one for the court, and one to the other parties (typically the parents). It is critical to understand that the courts are bound to look at what is in the best interests of the child above all else. This means they will look into who and how the child’s health, education, welfare, and safety are best going to be served. Sometimes, this can be inconvenient for the petitioner, but because the kids cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge when you are dealing with the other side because you’ll be seeing this process through the court’s eyes.

Regardless, once you have filed the documents, someone who is over 18 and not a party to the case will serve the document on the other party. They will have a chance to respond to the petition and they will serve you as well. The court will likely set a date where they will either order mediation or they will make a decision at that time. If you can’t agree at mediation or if the court decides it needs more info, then it is likely you would go to a trial where you can put on witnesses, provide your own testimony, and let the judge make a ruling after that. Those are less likely scenarios, but they come up on occasion.

The order is enforceable from the moment it is entered and if a party fails to abide by the order, then they are going to be held in contempt of court.

Did you have any other questions for me today that I could help you with?

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