[IN] How do I file for emergency custody when the mother of my sons is dying and does not want me to get sole custody?

IN Family Law

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In Indiana, filing for emergency custody requires showing that the child is in immediate danger or at serious risk due to the current custodial parent's condition or circumstances. Emergency custody is granted only when the child's safety, health, or well-being is imminently threatened, such as severe illness of a parent that impairs their ability to care for the child. (IN Code § 31-17-2-8)

To file for emergency custody in Indianapolis, you need to: (IN Code § 31-17-2-3)

File a formal petition or motion with the family court explaining the emergency and the risk to the child.
Provide supporting evidence such as medical records of the mother’s declining health, any relevant statements, or other documentation showing immediate risk.
Attend a court hearing where a judge will evaluate the evidence to determine if temporary emergency custody is warranted.

Temporary custody decisions usually last until a full custody hearing is held, which will establish long-term custody arrangements.

Given the circumstances of the child's mother's failing health and likely imminent passing, you can argue that emergency custody is necessary to protect the children and ensure you become the sole custodial parent once the mother passes. It is advisable to act quickly and consider consulting a family law attorney in Indianapolis to help prepare the petition and present your case effectively in court. (IN Code § 31-17-2-21)

If no custody order currently exists, emergency custody may allow the court to place the children with you temporarily while legal parental arrangements finalize.

This process is designed to protect the child's welfare in urgent situations and the court prioritizes the child's best interests in granting such orders.

Indiana Custody (Parenting) Plan

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I need to file for emergency custody in Indianapolis, Indiana due to my sons mother's failing health. I need to make sure my kids are protected in terms of when she passes I will be the sole custodial parent.

Lexi, Chatbot

I understand how concerning it must be to think about your child's future in this situation. Have you already discussed your concerns with the child's mother or any other family members?

Yes she wants our kids to go to my niece and her husband. The kids and the mother and I haven’t spoken or had any type of relationship for the better part of 10 years now. The child's mother is still harboring animosity towards me.

Lexi, Chatbot

Are there any existing custody arrangements or court orders in place regarding your son?

Paternity has been established in court. We are supposed to go back first week of December to get parenting time and all of that figured out. The first court hearing after paternity was established. They then established child support.

Legal Eagle

Hello. My name is Daniel, and I've been a licensed lawyer for more than 21 years. I’m sorry you’re dealing with this, and I’ll do my best to help. Are there currently any legal proceedings underway related to this situation?

Per the ER doc at a hospital in Tampa, Florida, she likely has than a few days until she dies. Now trying to get them underway quickly. I thought she wouldn't make me do this on her death bed. I need to file for emergency custody.

Legal Eagle

Thank you for clarifying that. I’m currently working on your answer and will share it with you shortly. I appreciate your patience and understand how important this is to you, so I’m doing my best to provide a thorough response.

Thanks.

Legal Eagle

To file for emergency custody in Indianapolis, you need to: (IN Code § 31-17-2-3)

File a formal petition or motion with the family court explaining the emergency and the risk to the child.
Provide supporting evidence such as medical records of the mother’s declining health, any relevant statements, or other documentation showing immediate risk.
Attend a court hearing where a judge will evaluate the evidence to determine if temporary emergency custody is warranted.

Temporary custody decisions usually last until a full custody hearing is held, which will establish long-term custody arrangements.

If no custody order currently exists, emergency custody may allow the court to place the children with you temporarily while legal parental arrangements finalize.

This process is designed to protect the child's welfare in urgent situations and the court prioritizes the child's best interests in granting such orders.

Ok what forms can you or I fill out. I will submit them electronically. She is loopy right now and has agreed to give temporary guardianship to my niece who lives in Florida and the niece is going to unenroll them from school in Indy and take them to Florida and enroll them down there. She asked me verbally about it and I said no not a good fit for kids and their immediate surviving family in Indy.

Legal Eagle

The court clerk can provide a template or you can hire locally. Having local representation could really help you navigate this situation more effectively. One option is to reach out to your State Bar Association for referrals. Legal aid societies, nonprofit organizations, or law school clinics may offer free or reduced-fee services.

I have all docs ready to go. I guess I need some guidance as to how and what forms need filled out and submit them electronically.

Legal Eagle

To file for emergency custody in Indianapolis, Indiana, you will primarily need to complete and submit an emergency custody petition or motion with the local family court. The key points and forms involved include:

Petition for Emergency Custody
Supporting Documentation (medical records, evidence)
Affidavit or Statement of Facts
Proposed Temporary Custody Order

You must file these with the appropriate Indiana family court in Indianapolis. Many courts allow electronic filing. After filing, the court will schedule a hearing.

Specific forms can often be obtained from the Marion County Family Court website or at the courthouse.

Do you have any links or resources of said forms/docs?

Legal Eagle

You would contact the court clerk and the court's website for available forms.

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