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Requesting Custody of a Child Who Is Not Yours

Located on this page are forms pertaining to obtaining custody of a child who is not your child. This is accomplished through Guardianship or Third Party Custody. These forms are meant to be used in uncontested guardianships and third party custody cases where the parents give their consent to the guardianship or third party custodianship.

If you know whether you must seek Guardianship or Third Party Custody, then proceed below to the appropriate section. If you are not sure if you should seek Guardianship or seek Third Party Custody, then please contact the Children’s Law Center at (317) 558-2870 ext. 323 or 334.

These documents, instructions, and forms do not constitute legal advice, and do not create an attorney-client relationship. The documents, instructions, and forms do not substitute for representation by a licensed attorney, and it is best to consult with an attorney and seek legal representation.

Guardianship

It is very important that before using these forms, you (1) Read the Information On Legal Guardianship For Non-Attorneys document, and (2) Read the instructions document for each form you wish to use. Instructions documents are located in the Instructions column, directly across from the corresponding form.

Information on Legal Guardianship for Non-Attorneys (2015)
Información para los que no son abogados sobre Tutela Legal de Menores (2015)
This document explains legal terms used in guardianship cases; what a guardianship is, and when it may be requested; how divorce cases, paternity cases, and the signing of a paternity affidavit affect the ability to obtain a guardianship; and the legal process of appointing a guardian.

If you are a resident of Marion County, please be aware that in addition to the forms below, you will also need to fill out an Application for Appointment of Guardian, pursuant to Marion County Local Rules. If you are a resident of Marion County and Hamilton County, please make sure you complete a Guardianship Information Sheet as well.

Third Party Custody 

It is very important that before using these forms, you (1) Read the Information On Third Party Custody For Non-Attorneys document, and (2) Read the instructions document for each form you wish to use. Instructions documents are located in the Instructions column, directly across from the corresponding form.

Information on Third-Party Custody for Non-Attorneys (2016)
Iformacioen Para Los Que No Son Abogados En Custodia De Terceros (2016)
This document explains legal terms used in third party custody cases; what third party custody is, and when it may be requested; whether third party custody should be requested in a divorce or paternity case; and the legal process of appointing a third party custodian.