Why Choose A Child Custody Attorney In Indianapolis For Seeking Custody Of A Toddler?

Several studies indicate that third parties are raising a growing number of young children. These may include – grandparents, relatives, or even friends of the custodial parent. As a result, such guardians can be termed de facto custodians and may aim for physical custody.

To establish this, you need the aid of the best Child Custody Attorney in Indianapolis to establish that they have a toddler or infant who had been their primary caregiver. The same must be under financial support for a minimum of six months, especially when the child is less than three years of age.

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How to approach the matter with the legal system?

Assuming you believe that you will be able to gather sufficient information and evidence to establish as a de facto custodian, then another question arises –

  • Assuming that you gather sufficient evidence, then you need the aid of the best Child Custody Attorney in Indianapolis to take the matter forward
  • If there has been a divorce or paternity case that is pending or decided from the past. Such a de facto custodian can help to intervene in the case
  • If in case the parents of the kid were never married or paternity was not established, then a de facto custodian can bring miscellaneous action and sue parents for the custody of the child
  • If, upon receipt of sufficient evidence, the court determines that the de facto custodian is a better idea for the growth and development of the child, then the de facto custodian becomes the guardian
  • Even though a parent has a fundamental right to raise his and her children yet the de facto custodian can help to provide sufficient and clear evidence to convince the courtroom
  • It is because infants and toddlers may not be able to express themselves verbally or
  • process their needs. Hence, a person seeking to be de facto custodian needs to strengthen their case instead of being a guardian ad litem.
  • A bonding assessment may be needed and is an evaluation that a child psychologist conducts to determine the exact nature of the bond and the quality of the bond between an infant or third party. Such an expert would be called at trial to testify about the close bond between the two
  • In such a case, the third party also needs to prove their claim using witnesses, pictures, medical records, etc.

 

In addition to a separate statute regarding the de facto custodian, the court can seek the following aspects to determine the situation – 

  • The wishes of the child’s guardian
  • The extent to which the kid has been cared for by their guardian and appropriate care and support is given.
  • The intent of the child’s parents in placing the child as a de facto custodian.

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