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File a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding filing of guardianship petition. Pay the filing fee.
Reasons a Judge Will Terminate Parental Rights Mental illness or disability interfering with the ability to care for the child. Conviction or incarceration of the parent. Alcohol and/or substance abuse. Severe, chronic neglect. Physical abuse. Sexual abuse. Inability or refusal to meet the child's medical needs. Abandonment.
You must prove to the court that the guardianship is no longer necessary. This might seem like an easy standard to meet, but many courts also consider whether ending the guardianship is in ?the best interests of the child.? In Indiana, it is presumed that a natural parent is the best custodian of a child.
There are different types of guardianships in Indiana including limited guardianship, guardian ad litem, veterans administration guardianship, temporary guardianship, and de facto guardianship.
In addition to monthly GAP payments, you may receive a one-time reimbursement payment of up to $2,000 per child for expenses related to obtaining guardi- anship for the child, such as attorney and Court fees. This payment is covered under the Guardianship Assistance Program.
The Guardians' Right to Restrict Visitation/Contact with Adults. If there is a guardian over an adult, the guardian does have the ability to restrict other people's contact with the protected person in limited circumstances.
In the Indiana Code, there appear to be some very finely nuanced differences between guardianship and third party custody, but ing to Indiana case law, there is no practical difference between the two.
Guardianship creates a legal relationship between a child and caregiver that is intended to be perma- nent and self-sustaining and can provide a permanent family for the child without the necessity of terminating parental rights.