Filing Emergency Custody In Indiana
Description
How to fill out Petition For Writ Of Habeas Corpus To Restore Custody To Parent?
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FAQ
Although Indiana Code provides that mother has sole custody of the child until a court orders otherwise, police responding to a call from mother because father has taken the child and refuses to return him or her, will very likely say that the issue is a civil, not a criminal, matter, and everyone needs to contact ...
Filing fees vary by county and case. Expect to pay between $130 and $200 when you file. Your county may have additional costs, including fees for motions (e.g., a request for temporary orders), notary services and making copies.
Unfortunately, the short answer is no. Unmarried fathers do not automatically have parental rights in Indiana. Under Indiana law, the mother automatically has legal and physical custody of a child when the two parents are unmarried.
Whether you are able to file for emergency custody will depend on the facts and circumstances of your particular matter; rarely this can be obtained on an emergency, ex parte basis. Most of the time the court will set an emergency hearing and require your counsel to get personal service on the other parent.
If the grandchild's custodial parent dies or cannot safely care for the child and the other parent does not have custody, the grandparent can file a petition with the court for emergency temporary custody.