My sister is living with a sex offender. My niece is currently living with my sister's boss in a very stable environment but she is not family related. I need to know what to do to get temporary guardianship because my father and I are going to help my sister get back to life again and I'm going to take my niece until she can get cleaned up and back on her feet. I live in Indiana.
You need to hire an attorney experienced in guardianship/probate matters. Biological father must receive written notice, as well as any person or institution having current custody of the child (sister's boss). So start collecting that information. The legal guardian must NOT have committed a felony involving abuse or neglect of a minor. So long as no one contests the action, the guardianship process usually takes 3-4 months and about 10-12 hours of legal fees. While you COULD petition for temporary guardianship, in Marion County, IN, it is often better to seek "permanent" gship, which can be terminated if/when Sister gets her act together. Emergency temporary guardianship is probably not warranted since child is in no immediate danger -- besides, it requires more legal hurdles.
I will be happy to assist.
veRONIca jarnagin, atty, pc
veRONIca jarnagin, atty, pc 317-253-7664 provides this response as general guidance and not specific legal advice. If you wish to receive specific legal advice for your situation, please call to schedule an appointment.
Attorney Jarnigan hit all the important considerations and if the ward you propose to bring under guardianship is residing in or near Marion county then you should hire a lawyer there to advise you.
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