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  5. Can I Get Custody Of My Grandchild?

Can I Get Custody Of My Grandchild?

On Behalf of Dixon & Moseley, P.C. | Nov 8, 2019 | Adoption, Child Custody, De Facto Custodian, Family Law, Grandparents Rights, Guardianship

For many of us, Grandparents played an important role in our lives. Now more than ever, grandparents seem to be actively involved in the raising of their grandchild(ren). In many instances, a grandparent may be raising their grandchild all together. If you have found yourself in such a situation, or you know someone who is, you may be wondering, “can I get custody of my grandchild?” This blog provides a brief overview for grandparents who are exploring options for obtaining custody of a grandchild they are raising.

A few things to point out before discussing the different options. First, Indiana makes all custody determinations based on “the best interests of the child.” There is a presumption, pursuant to the Supreme Court’s interpretation of the U.S. Constitution, that a “fit” parent is in the child’s best interest to have custody. Therefore, a grandparent has the burden of overcoming this presumption. In short, just know that in general, courts want a child to be with the parent first and foremost. You must be able to prove the need for custody beyond being able to give the child a better life.

With a brief background of the standard for obtaining custody, we can turn to a few options grandparents may have for obtaining custody of their grandchild(ren). These options include (1) adoption, (2) guardianship, (3) de facto custodian.

One way to obtain custody is adoption. With adoption, you would become, in the eyes of the law, the child’s “natural parent”. When you become the natural parent, all rights the biological parent had are severed forever. Due to the presumption discussed above, courts are hesitant to terminate a parent’s rights. If both biological parents consent to the adoption, the process may be fairly smooth. However, if the adoption is contested by either biological parent, it can become a bit tricky as you have to show the parents have not had contact with the children for a year, nor have they paid support when they could have done so. With adoption, the children are truly on the same par as with natural parents.

Another route for obtaining “custody” may be a guardianship. A guardianship is generally more of a temporary custody situation, but in certain circumstances, it can become permanent. With a guardianship, you do not become the child’s parent, but instead, simply the guardian. This will allow you to have “custody” of the child as long as you remain the guardian. However, if the parent ever moves to terminate the guardianship, you will have the burden of overcoming the parental presumption and show what is in the children’s best interests. This is because, with a guardianship, parental rights are not severed like an adoption.

Finally, you may be able to obtain custody by becoming what is known as a “de facto custodian.” A de facto custodian is a person who has been the primary caregiver for, and financial support of, a child. Indiana has a specific statutory code that lists requirements an individual must meet to become a de facto custodian. The important thing to know is that if you have been the primary caregiver, and financial supporter of, a child, you may be able to become a de facto custodian.

While these cases are difficult, it’s important to remember that the law allows a neutral judge to decide these matters in the child’s best interests. This is where the assistance of a skilled attorney can help grandparents (or other third parties raising children) analyze their options and assemble the evidence to prove this to the court. This is a high evidentiary burden but one that can be met. Dixon & Moseley, P.C. advocates handle all types of child custody cases throughout the State, including adoptions, guardianships, and de facto custody cases. This blog is written for general informational purposes only. It is not legal advice or a solicitation for services. It is an advertisement.

What Counts as Marital Property in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

Parenting Time vs. Custody in Indiana: What Parents Confuse Most

On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

Can Custody Be Modified in Indiana? What Must Change

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

Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

Is Indiana a 50/50 Divorce State? What the Law Really Says

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

Step-Parent Adoption: How It Works in Indiana

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

How Divorce Works in Indiana: Step by Step (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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