This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Indiana USLegal Guide to Temporary Custody
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Multi-State
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US-GDE-05
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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 ...
If you want sole custody, you need to demonstrate that you are capable of providing a stable and nurturing environment for your child. This includes having a steady income, a safe and comfortable home, and a plan for your child's education and healthcare.
Either party may, during the 60 day waiting period, file a motion with the the court for temporary orders regarding spousal maintenance, child custody, support, or division of property. Any motion for temporary custody will be set for hearing and a determination made no later than 21 days after the motion is filed.
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. If you can't afford this, you may be eligible for a fee waiver. Submit the request along with your other paperwork.
The 6% rule provides ordinary uninsured health care expenses are paid by the parent assigned to pay them, generally the noncustodial parent, of up to 6% of any child support obligation.
Emergency custody happens when a child is not safe in their home and is therefore removed from the home. The child is placed in protective emergency custody awaiting an initial hearing within 48 hours, excluding Saturdays, Sundays and certain legal holidays.
In Indiana, if the child is 14 or older, the court will consider their preferences seriously. The thought process is that once a child reaches age 14, they are old enough to understand what is going on and how their decision could affect the child and the entire family.
To officially open your case, submit your forms to your county's Circuit Court or Superior Court (whichever handles civil cases in your county). You can submit paper documents in person to the court clerk, but most counties prefer self-representing litigants to file electronically (called e-filing).