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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
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      • Defense Of Protective Orders
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    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

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  5. Don’t Delay! 3 Options Grandparents (Or Third-Parties) Should Consider When They Are Raising Their Grandchildren

Don’t Delay! 3 Options Grandparents (Or Third-Parties) Should Consider When They Are Raising Their Grandchildren

On Behalf of Dixon & Moseley, P.C. | Feb 19, 2018 | Child Custody, De Facto Custodian, Grandparents Rights, Grandparents Visitation, Guardianship, Third Party Custody

In many homes across America today, a grandparent (or third party) is the one raising a child or children of the biological parents. This may be for many reasons; typically, it is due to the instability of a parent, physical or mental health issues, drug use, incarceration of a parent or a pure lack of the ability and/or desire of a biological parent, well, to parent. This blog addresses what happens when a grandparent (or third party) becomes a bonded caregiver for such children and what steps they can take to keep “custody” in the child’s best interests.

Over time, a child–left behind primarily in the care of the grandparent or third party—forms a bond and attachment with the grandparents. The child sees that person as their parent. However, without legal action, a child may be removed from this healthy and stable living arrangement by the Department of Child Services by actions of the removed parent or where the parent just shows up one day at a random time to pick up their kid to try out parenting.   The grandparents have no custodial rights to protect against removal by DCS or a parent taking the child (and the police may well assist the formerly absent parent to get his/her child back). This blog addresses options for grandparents (or third parties) who are in this situation.

When DCS/CPS becomes involved, the general objective or goal is reunification of the child with their biological parent who “had physical custody before the DCS action began”. Without a legal order, the grandparents have no real objection to removal by DCS or the absent parent; legally, the parent or parents had custody from DCS’ perspective. Ordinarily, it is only when DCS moves to terminate parental rights that it will consider custody, adoption, or guardianship of the child by a grandparent or third party.  If you are a grandparent or third party that has provided and is providing care for a child, you should know, consider, and act on your three legal options well before it becomes this type of nightmare situation:

The first option is guardianship.  A guardianship, for all practical purposes, is custody of a child, but it is ordered by a court and provides the legal document necessary to possess the child in the grandparent’s or a third party’s home. Essentially, the order allows the grandparent or third party to act as if he or she were the parent. A guardianship may be used if there is no a paternity case or dissolution case pending anywhere in which the custody of the child is determined.   As long as the guardianship exists, the guardian is legally empowered to act as a parent would do.

The second option is third party-custody. Custody can be obtained either as a de facto custodian or as a third-party custodian through a paternity case that is open, a dissolution of marriage case in which the custody of the child is determined, or by opening a miscellaneous action in court to determine custody.  This may have effectively the same result for the grandparent or third party-caregiver as a guardianship, but each are different tools to be used in any given case or that may unable to be utilized.

The third option is adoption.  Adoption may be an option in matters where the biological parents have abandoned the child for certain periods of time.  Adoption is effectively permanent because it terminates the biological parents’ legal rights to rear their children.  There are many reasons an adoption may be considered, or rejected, in any given case, depending on your needs.

These are not always easy options to pursue and may require the assistance of an attorney, and court filings, but can allow you to maintain “custody” of the children you are raising for someone else so that their best interests are met. Now you know your rights if you are raising someone’s children. Dixon & Moseley, P.C. advocates handle domestic custody case of all types throughout the state. This blog is not intended as legal advice or a solicitation for services. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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