The post What Happens If You Refuse a Breathalyzer Test in Indiana? appeared first on Zentz & Roberts, P.C.
]]>A breathalyzer test is a tool used by law enforcement to measure the amount of alcohol in a person’s body, specifically in their bloodstream. It’s a common test administered when there’s suspicion of someone driving under the influence of alcohol. The test is quite straightforward – you blow into a device, often portable and handheld, which then analyzes your breath to estimate the percentage of alcohol in your blood. In simple terms, it helps determine if you’ve been drinking and if the alcohol level in your body exceeds the legal limit. In many places, including Indiana, a blood alcohol content (BAC) of 0.08% is considered the legal threshold for intoxication while operating a vehicle. The breathalyzer provides a quick and non-invasive way for law enforcement to assess whether a person may be driving under the influence.
By obtaining an Indiana driver’s license, you automatically agree to take a chemical test if a police officer suspects you of driving under the influence (DUI). These tests, which can include analyzing your breath, blood, or urine, aim to detect any signs of intoxication. Refusing to take a breathalyzer test, for example, goes against this implied consent agreement. The law is in place to ensure that drivers cooperate with authorities in determining their level of impairment when there’s a reasonable suspicion of drunk driving. It’s a way to maintain road safety by holding drivers accountable for their actions related to alcohol consumption while operating a vehicle. Remember, refusing these tests can lead to significant consequences, such as license suspension and other legal penalties.
There are several penalties that you may face if you refuse a breathalyzer test from an officer in Indiana.
The main penalty is that your license will be suspended for 1 year if it is your first DUI offense. For repeat offenses, it is suspended for 2 years. You can request a hearing within 20 days to contest the suspension, but it is very difficult to fight.
Even without a breath sample, an officer can still arrest you for DUI or OWI based on observations during the traffic stop. Refusing the test does not allow you to avoid charges. In fact, it may hurt your case by seeming like an admission of guilt.
With a suspension for refusing a breath test, Indiana does not allow hardship licenses. These restricted licenses let you drive to work, school, medical appointments, etc. You must arrange for transportation.
Additionally, if your DUI/OWI charges are dropped or you are found not guilty, you will not be able to get your license back if you refused a breathalyzer test during the initial investigation. Your license will remain suspended for the duration of the original period.
There are instances where someone might consider refusal, such as if they believe they are not over the legal limit or suspect inaccuracies in the test. However, it’s essential to weigh the potential risks listed above.
Given the severe consequences, it’s generally recommended to carefully consider the situation. Cooperation during a traffic stop, followed by consulting with a criminal defense attorney to navigate legal proceedings, may offer a more effective strategy than an immediate refusal, which could lead to license suspension and other legal complications.
If you find yourself under investigation for driving under the influence (DUI) in Indiana, taking the right steps is crucial to navigate the legal process effectively.
Remember, each DUI case is unique, and consulting with an experienced attorney is crucial to developing a defense strategy tailored to your specific situation. An attorney can assess the evidence, challenge any procedural errors, and work to achieve the best possible outcome for your case.
You don’t have to navigate this sensitive journey alone. Contact the experienced Indiana criminal defense lawyers at Zentz & Roberts, P.C. We’ll work to help you protect your driving privileges and help you see the best outcome following this challenging situation.
You can get started today by scheduling a free consultation with our team. Schedule your consultation online or call us at 317-220-6056.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post Is Inheritance Marital Property? appeared first on Zentz & Roberts, P.C.
]]>While you may expect the answer to this question to be a clear “yes” or “no,” the answer is more complex in Indiana. Inheritance is technically marital property, but that doesn’t necessarily mean you and your spouse will split your inheritance equally.
In this article, we’ll explain what you need to know about inheritance during divorce proceedings and how to protect your money from your spouse. If you have additional questions regarding your inheritance, contact the divorce lawyers at Zentz & Roberts, P.C.
Indiana uses what’s known as a “one pot” theory in marriage, which means that all property belonging to you or your spouse is marital property. Your spouse jointly owns your possessions and finances regardless of whether you obtained your property before or after getting married.
Our state’s “one pot” theory means that your inheritance becomes marital property immediately when you get married. If you were already married, your inheritance became marital property when it was bequeathed to you.
Even though your inheritance is considered marital property, you don’t necessarily have to split it with your spouse 50/50 in the event of a divorce. In the next section, we’ll discuss Indiana’s equitable distribution of property theory and factors that will impact how you split your marital property with your spouse.
In addition to the “one pot” theory, Indiana’s divorce process uses the equitable distribution of property theory. The theory aims to divide property between the spouses in a way that’s considered just and reasonable, and this includes inheritance community property.
Unfortunately, equitable distribution defaults to a 50/50 split in property. If you wish to retain more of your inheritance, you’ll need to be able to prove that you deserve more than the 50/50 split. You’ll need to provide evidence that shows you have more of a claim over your inherited property than your spouse.
Indiana Code section 31-15-7-5 outlines factors that will determine whether or not your property will be split evenly with your spouse.
These factors are as follows:
Section 2 of Indiana Code 31-15-7-5 states that a gift or inheritance can impact a 50/50 split, meaning you might be able to retain more of your inherited property than your spouse.
To prove that your property should be divided unequally, you’ll need to show that the inherited property wasn’t commingled with marital property. For instance, if you put inherited money in a joint bank account with your spouse, those funds are now commingled. You also commingled your inheritance if you used it to pay for equity in your home or paid for your spouse’s expenses. You must avoid commingling any of your inherited money with your spouse, as it will weaken your claim.
Further, to avoid a 50/50 split, you’ll need to be able to prove that you were the sole benefactor of your inherited property rather than both you and your spouse. Make sure to retain all documents related to your inheritance, including a will, an executor’s letter, a trust, or any other supporting documents.
While these factors are important for showing that an uneven split is equitable, the court will take many factors into account, and there’s no guarantee you’ll be able to keep more of your inherited property than your spouse.
Retaining your inheritance during a divorce is an uphill battle. You’ll need to be able to provide sufficient proof that you deserve more of the inheritance marital property than your spouse.
Fortunately, you don’t need to go through this process alone — contact the experienced Indiana divorce lawyers at Zentz & Roberts, P.C. We’ll work to help you protect your inheritance and will negotiate the division of property on your behalf.
You can get started today by scheduling a free consultation with our team. Schedule your consultation online or call us at 317-220-6056.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post What is a Parenting Coordinator? appeared first on Zentz & Roberts, P.C.
]]>An Indiana parenting time coordinator is a neutral party, usually a lawyer or mental health professional, with special training. They help improve communication, manage conflict, and coordinate a fair arrangement to foster strong, healthy relationships between the child and both parents.
In 2016, the Indiana Supreme Court amended its Parenting Time Guidelines by recognizing Parenting Coordination. Parenting coordinators weren’t new to Indiana, but those guidelines included specific rules stipulating that the court may order parents to work with one. The new rules also require parent coordinators to be registered domestic relations mediators or have a court waiver for their appointment and become registered within two years.
Simply put, parenting coordinators can reduce conflict. Working with a parenting coordinator allows you to devote less energy and attention to disagreements with your former spouse so you can focus on your children’s welfare. In addition, litigating parenting decisions in the court can be very expensive and time-consuming, while parenting coordinators can often render decisions more expeditiously. Lastly, parents share costs for parenting coordinators.
When the court orders divorced parents to work with a parenting coordinator, they will specify their scope of authority and responsibilities. If the court appoints one without the consent of both parties, it must provide a written explanation as to why it is necessary.
If you and your former spouse work with a parenting coordinator, either by choice or by a court order, this is the process you can expect:
The parenting coordinator’s primary responsibility is to the court, and your children, and to minimize conflict and resolve disputes as quickly as possible. However, you won’t lose your decision-making agency. They will listen to both parents, so you will have an opportunity to have your say.
Although parenting coordinators can be very effective in helping former spouses resolve parenting issues, they are not judges, so they have some limitations:
The experienced attorneys at Zentz & Roberts understand the stress associated with parenting following a divorce. We will fight every step of the way to ensure the best possible outcome for you and your children. Call us today at 317-220-6056 to let us know how we can help!
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post How is Child Support Calculated in Indiana? appeared first on Zentz & Roberts, P.C.
]]>Each state has its own laws regarding child support and established formulas to determine the amount. In most cases, both parents must support their children financially. The noncustodial parent – the parent who doesn’t live with the child most of the time – will usually have to pay child support to the parent who has primary custody. However, there are still many nuances within those scenarios. Let’s answer the question of how is child support calculated in Indiana.
In Indiana, the child support formula considers gross weekly income for each parent, the number of overnights each parent exercises annually, if either parent has subsequent children or prior-born children for which they pay support, work-related child care expenses, and health insurance premiums paid for the child(ren).
Gross weekly income includes:
Gross weekly income doesn’t include public assistance programs such as Temporary Aid to Needy Families, Supplemental Security Income, or food stamps. It also doesn’t include survivor benefits that any other child in either parent’s home receives.
Indiana is one of 40 states that bases its child support guidelines on the income shares model. Under this model, the court combines the income of the custodial and noncustodial parent. Each parent’s share is then prorated according to their proportional share of the combined income.
After calculating gross weekly income and adjusting for permitted deductions, Indiana uses a simple chart to determine how much each parent pays.
For example, if the parent’s weekly adjusted gross income is $1,500, they would pay:
A parent’s maximum payment per week never exceeds 50% of their income, therefore, a parent making $1,500 a week won’t ever have to pay more than $750 a week regardless of how many children they support.
Indiana provides a child support calculator so parents can easily determine child support obligations based on the state’s guidelines. However, the state advises that parents should not use the calculator as a substitute for legal guidance from an experienced child custody attorney.
In most cases, child support orders last until children turn 19, but the court may decide to terminate them sooner if they are at least 18, haven’t attended school in at least four months, and are capable of employment.
The experienced attorneys at Zentz & Roberts provide compassionate legal assistance for all family law matters including child support. Our dedicated attorneys will stand up for your rights and ensure the best possible outcome for you and your family. Book an appointment today by calling 317-220-6056 or by filling out our online form.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post Estate Planning and Divorce appeared first on Zentz & Roberts, P.C.
]]>When a couple decides to get married and start a family, in most cases they don’t think about things like divorce and estate planning. They may think about what happens in the event of their untimely demise and may appoint a guardian for their minor children.
But for most, estate planning gets put on the back burner, and in the event of a divorce, not having a current estate plan can cause further confusion and additional emotional pain.
Even when you’ve done some estate planning, the plan reflects decisions made as a married couple, which doesn’t serve you when you decide to divorce. In all likelihood, your spouse’s name is on all of the estate documents, making him or her the beneficiary of the estate’s assets. Although upon divorce, the spouse no longer has a legal right to take from the estate, this can cause confusion for many people.
Outdated legal documents should be updated to reflect your current marital status.
Going through a divorce is overwhelming for most people, and it can be hard to know where to start when you already have so many obligations and decisions to make.
Start by reviewing your assets. This includes things like:
How are they titled? It’s probable some or all of these assets are jointly titled. You will likely need a divorce attorney to help you update these titles to reflect the divorce decree.
Your most recently executed Will determines how your estate will be handled during and after the divorce.
You can draw up a new Will that can amend beneficiaries to children, as opposed to your ex-spouse. Any bequests made to a spouse during marriage are null and void when the divorce is finalized.
You’ll likely need help from an estate attorney to determine how a trust was originally set up because that will determine how difficult it is to change. If you set up an irrevocable trust that names your spouse at that time as a beneficiary, they will likely receive distributions based on the terms of the trust. In other words, an irrevocable trust can’t be modified in the event of a divorce.
Briefly, a Power of Attorney (POA) authorizes an individual to step in as your representative (attorney-in-fact) in certain situations. Naming a spouse as your attorney-in-fact gives them significant authority over your finances, property, and your personal affairs.
However, if you drew up a Power of Attorney while married, appointing your ex-spouse as your attorney-in-fact, they cannot act in that capacity after divorce.
An Indiana Advance Directive, formerly a Healthcare Power of Attorney (HCPA), allows you to appoint an individual to make decisions about your medical care if you are incapacitated. Typically, married couples will elect their spouse to make these decisions. If your Indiana Advance Directive designates your spouse as your healthcare proxy, this appointment becomes invalid once you are legally separated, have received a marriage annulment, or have a petition for dissolution.
Setting up a trust (with an administrator you trust) is a good way to ensure minor children are financially cared for and protected in the event of your death.
Your Last Will & Testament determines whether your former spouse will have access to the trust funds.
If you haven’t created a trust and have minor children, it’s highly recommended that you meet with an estate attorney who can walk you through the best way to ensure your minor children are financially cared for after a divorce.
Most state laws dictate that designated beneficiaries for life insurance policies, pension plans, and retirement accounts (like 401Ks and IRAs) stay in place until a divorce is final.
And because life insurance policies are payable upon your death it’s crucial to review and consider whether to make beneficiary changes and discuss those changes with the insurance company once the divorce is final.
It’s hugely beneficial to meet with an attorney to review and update your estate plan if you are considering or are in the midst of a divorce. At Zentz & Roberts, P.C., family law is our business. We will guide you through the estate planning and divorce process when you are (or will be) divorced. We help provide clarity when things seem overwhelming and help you make the best decisions to protect you and your children. We’d love to hear from you today. Give us a call at 317-220-6056 to get started.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post How to Establish Paternity in Indiana appeared first on Zentz & Roberts, P.C.
]]>Establishing paternity is straightforward in Indiana under some circumstances, such as if the parents were legally married when the child was born, or the child was born no more than 300 days after they broke up. However, if the parents were not legally married then there are only two ways in which paternity can be established in Indiana: (1) the parents execute a paternity affidavit, or (2) a court establishes paternity with or without genetic testing.
In Indiana, unless a father has established paternity or there is a protective order or other intervention, the mother has the right to sole legal and physical custody of the child. Establishing paternity in Indiana determines the legal rights and responsibilities of both parents and privileges for a child, such as inheritance, other benefits, and access to the father’s health history.
These are some of the situations in which a father or mother might seek to establish paternity:
If parents who aren’t married when the child is born want to establish paternity, they need to execute a paternity affidavit. A paternity affidavit is a legal document in which both parties acknowledge that the man is the biological father.
Hospitals and local health departments can provide paternity affidavits. If the paternity affidavit is executed through a hospital, the paternity affidavit must be completed not more than 72 hours after the child’s birth. If the paternity affidavit is executed through a local health department, the paternity affidavit must be completed before the child has reached the age of emancipation. Once the man and woman execute the affidavit, the mother can’t rescind it. The father can request an order for a genetic test within 60 days after the paternity affidavit is executed. A paternity affidavit that is properly executed may not be rescinded more than 60 days after the paternity affidavit is executed unless a court determines that fraud, duress, or material mistake of fact existed in the execution of the affidavit and the man has ordered a genetic test and the test concludes the man is excluded as the father.
Either parent or their child can file a petition to establish paternity. If the mother files for public assistance, a local prosecutor’s office can file a paternity action. Once the judge receives the petition, the court will schedule a hearing at which time either party may request genetic testing to confirm paternity.
If the man or woman disputes the father’s paternity, either parent, the court, or the county child support office can request DNA testing. The Indiana State Department of Health administers DNA tests at regional health departments or other authorized testing sites to establish paternity. The administering agency gathers DNA samples from the child, mother, and potential father by swabbing each person’s mouth. It then sends the samples to a laboratory for analysis.
Once paternity is established in Indiana, it opens the door to several legal implications and rights for both the father and the child. Establishing paternity means legally acknowledging the father’s relationship with the child. For fathers, it grants them parental rights, including visitation and custody. It also imposes responsibilities such as child support. For the child, it provides access to the father’s medical history, inheritance rights, and potentially access to benefits like social security or veteran’s benefits. The establishment of paternity is often a crucial step in ensuring the well-being and rights of both the father and the child are recognized and protected under Indiana law.
Facing any type of family law can be emotional and overwhelming. The experienced family law attorneys at Zentz & Roberts provide compassionate legal assistance for all types of family law matters including establishing paternity. We are committed to helping every client achieve the best possible outcome for them and their family. Contact us for a free consultation at 317-220-6056.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post What is an Adoption Home Study in Indiana? appeared first on Zentz & Roberts, P.C.
]]>A licensed caseworker or social worker from a private adoption agency or your county’s office of Family and Children conducts adoption home studies. All prospective adoptive parents in Indiana must complete a home study. The purpose is to ensure your home is safe and stable and that you have the financial resources and ability to care for an adoptive child. During the process, caseworkers also provide education and training with Indiana’s Resource and Adoptive Parent Training. Indiana adoption home studies usually cost between $750 and $1,500.
In Indiana, a home study is required for individuals or couples seeking to adopt. However, there may be certain circumstances where a home study can be waived. For example, if you are adopting a stepchild, the requirement for a full home study may be waived, but a more limited assessment may still be conducted. It’s important to note that Indiana adoption laws can be complex and subject to change, so it’s advisable to consult with an adoption attorney to understand the specific requirements and procedures that apply to your unique situation.
The first two steps in the home study for adoption process are to complete an application and provide documents with personal and financial information. Home studies are usually conducted within eight weeks, but the length varies depending on the agency, your circumstances, and the type of adoption. Gathering documents before the home study can expedite the process.
These are some of the documents you may need to provide:
Before visiting your home, your caseworker will schedule family preparation meetings, during which they will ask questions to learn more about you and your family. You can expect to discuss your upbringing, religious beliefs, and experience with children. Here are some specific questions they might ask:
During the home visit, your caseworker will assess your living situation to ensure it is appropriate for the age of the child you wish to adopt. For example:
Adoption home studies can be intense and anxiety-provoking. Preparing logistically and emotionally can result in a smoother, less stressful process. Here are some tips:
The experienced attorneys at Zentz & Roberts understand the joys and stresses that come with adopting a child. We will walk you through every step of the adoption to ensure the process is as smooth as possible.
Our adoption services include:
We are here to help. Contact us today to book an appointment with one of our family law attorneys to prepare your adoption home study checklist.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post Reasons for Child Custody Modification in Indiana appeared first on Zentz & Roberts, P.C.
]]>You may have a safety or financial concern, or you believe the custodial parent can no longer care for the child adequately. Perhaps the other parent is about to move out of state, and you’d like to petition the court for a change in custody.
Keep in mind that there are two types of child custody: legal custody and physical custody. There can be joint legal custody even if the child spends all their time in the physical custody of just one parent.
This article outlines common reasons for child custody modifications and explains the basics of modifying an existing custody arrangement in Indiana. For more details about your specific situation, contact Zentz & Roberts for a consultation.
Take action if you’re concerned about your child’s safety and well-being. In cases with a suspected threat to health or safety, adjusting the parenting time isn’t enough, and a custody modification may be needed to protect the child.
Another health-related concern could be a parent’s worsening physical or mental health. When the custodial parent becomes so ill or incapacitated that they can’t care for the child appropriately, a non-custodial parent may request a modification to child custody.
A child is unsafe with a parent who abuses or neglects them. Physical or mental abuse allegations need an investigation and may impact child custody modification.
The court can change custody in confirmed domestic violence, child abuse, or child neglect cases. These allegations should not be made lightly, and a conviction may preclude a parent from obtaining full or partial custody.
Has there been a change in the financial or housing stability of the custodial parent? Job loss, eviction, or significant financial instability can be a reason to change a child custody arrangement.
Abuse of street drugs, prescription drugs, over-the-counter drugs, alcohol, or other substances can be a cause for custody modification. Children are at greater risk of injury and death when they’re with a parent who is intoxicated. The courts may modify child custody to minimize potential harm.
A parent or custodian’s arrest or conviction can be a cause for child custody modification. If the parent can quickly bond out and continue caring for the child normally, their arrest may not warrant a modification
Continued incarceration calls for an emergency custody modification order due to the custodial parent’s inability to be physically present for their child. Depending on the type of conviction, the cause of the incarceration itself may be a reason to modify child custody, as in cases of violent crime or drunk driving.
After a divorce or after a child custody arrangement is already in place, a parent’s location of residence could change. Relocation of the custodial parent may call for a reevaluation and child custody modification depending on the details of the situation.
In Indiana, if a child is at least 14 years of age, their wishes are given more weight during a child custody hearing. However, this is not the sole factor in changing custody, and a judge typically also considers other factors like the wishes of the parents, the interactions within the family, the child’s mental and physical well-being, and relevant evidence impacting the child’s situation.
Under Indiana Code 31-17-2-21, a court will only modify a child custody order when it is in the best interests of the child and there has been a substantial change in one of the factors the court may consider when issuing an initial custody order. If you want to modify custody, it helps to have a mutual agreement with the child’s other parent or legal custodian. Absent an agreement, the parties will be required to appear in court to present their arguments for or against a modification.
When you need help understanding a child custody modification or want more information about how to modify a custody agreement, our Indiana family law attorneys can help. Contact our team at Zentz & Roberts for a free consultation by visiting us online or calling us at 317-220-6056.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post How to Prepare for Your Initial Divorce Consultation appeared first on Zentz & Roberts, P.C.
]]>Before your initial divorce consultation, identify your goals and which ones are priorities. Communicating these will help your lawyer be in the best position to represent you effectively and tell you if your wishes are realistic.
If you have children, custody issues, division of parenting time, and child support may be most important. Other priorities may include the division of assets or debt.
Prepare for your initial divorce consultation by compiling all relevant documents which can be sorted into categories to include:
These include information that will be relevant when your attorney and the court determine how to divide property and set child support and alimony amounts. Here’s what to collect:
These documents may impact your current divorce case. Other legal documents may be necessary as well. Here is what to bring to your divorce consultation:
Your attorney should see any documents or records with evidence – including abuse – that could affect your divorce case. Here is what to bring:
Lastly, if you or your spouse own a business, bring all documents related to the business including:
Don’t be shy about asking anything, even if it seems trivial. You can also ask the attorney more specific questions about your case, but they may not be able to answer until they delve in. Here are some questions:
The family law attorneys at Zentz & Robert, P.C., offer compassionate divorce representation. In addition to divorce, our services include:
Contact our team at Zentz & Roberts today for a free consultation by visiting us online or calling us at 317-678-9463.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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]]>The post Grandparents Adopting Grandchildren [Laws in Indiana] appeared first on Zentz & Roberts, P.C.
]]>While younger children are more likely to live with grandparents, with more than 10% of grandparent-grandchild households involving children under the age of two, there are around 3% of children living with grandparents aged 15 to 17.
However, while these statistics are proof that grandparents can and do raise their grandchildren, this does not mean that adopting or even gaining visitation rights is easy. Most states, including Indiana, would prefer that children be raised by their parents. There is also the concern that as grandparents are older, they could struggle to connect with their grandchildren or be in good enough physical and mental condition to provide adequate care.
That said, grandparents do have rights in Indiana, and in many cases, living with a grandparent might be a safer and more supportive environment for the child. Still, as a grandparent, you will have to prove that you are capable of providing adequate care if you wish to adopt your grandchild.
If you are grandparents adopting grandchildren or if you have any other concerns about your rights as a grandparent, we are here to help. At Zentz & Roberts, P.C., our Indiana adoption lawyers have extensive experience handling cases involving children and adoptions, including those involving grandparent rights.
The laws concerning adoption, guardianship, and even visitation in Indiana are complex, but it’s important to understand that you do have rights as a grandparent.
According to Indiana Code 31-17-5, grandparents can seek visitation rights if the child’s parents are divorced. You can also seek visitation rights if one of the parents is deceased or if the child was born out of wedlock. However, a paternal grandparent for a child born out of wedlock cannot seek visitation rights unless paternity is established.
It’s important to note that even if you are eligible to seek visitation, it will only be granted if it is in the best interest of the child, which will be determined by the court. If you are seeking visitation but you do not get along with one or both of the parents and they are restricting you from seeing your grandchild, you will likely be unable to seek legal recourse.
If you do not think it is in the child’s best interest to live with their parents and you want more than just visitation rights, you may be able to seek legal guardianship. Guardianship grants a responsible adult — other than the parents — legal custody and control of a child.
While some grandparents may seek temporary guardianship, with the intent to return the child to their parents once the parents are in a better position to care for the child, it is also possible for the guardianship to be a permanent situation until the child reaches adulthood.
Guardianship is different from adoption, however, in that the parents might still retain certain rights and responsibilities. If you become the legal guardian of a grandchild, you will still have full legal custody and will assume the rights and responsibilities of the parent, but the parents may also retain some rights.
However, to be awarded legal guardianship of your grandchild, you must be able to show that having custody of the child is in the child’s best interests, which usually means proving that the parents are unfit in some capacity. Even if you have already been caring for the child, without a court order granting you legal guardianship, the biological parent can still remove the child from your care at any time.
If the birth parents have died, if the parents are unfit to parent, or if they have abandoned the child, you may be able to file a petition for adoption. If you are granted legal custody of your grandchild through adoption, the rights of the biological parents will be terminated.
To adopt your grandchild, you will have to provide clear and convincing evidence that it is in the best interest of the child to be in your care and that the parents are no longer able to provide a safe, loving, and supportive home. It helps if you can also show that the child has already bonded with you and been in your care.
The entire process of having an adoption granted can be complex. You will have to file the petition, gain consent from the appropriate parties, and provide convincing evidence. You may even need to attend contested court hearings if the parents do not agree or give their consent. If that is the case, a judge will review all evidence and determine what is best for the child.
Because the process can be so challenging, it is best if you work with an attorney who is well-versed in grandparent rights and will know how to help you build a strong case to prove that living with you is in the child’s best interests.
If you are considering a grandparent-grandchild adoption or if you need help gaining visitation or legal guardianship rights, our Indiana family law attorneys can help. Contact our team at Zentz & Roberts today for a free consultation by visiting us online or calling us at 317-220-6056.
***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***
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