§ 29-3-3-6 — Surviving parent; custody proceedings; temporary guardian or guardian ad litem; hearing

Indiana § 29-3-3-6

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 3: Proceedings in Lieu of Guardianships

Text

(a) The surviving parent of a minor does not
have the right to custody of the minor without a proceeding authorized
by law if the parent was not granted custody of the minor in a
dissolution of marriage decree and the conditions specified in this
section exist.
(b) If:
(1) the surviving parent, at the time of the custodial parent's death,
had required supervision during parenting time privileges granted
under a dissolution of marriage decree involving the minor; or
(2) the surviving parent's parenting time privileges with the minor
had been suspended at the time of the death of the custodial
parent;
the court on petition by any person, including a temporary custodian
named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or
on the court's own motion, may appoint a temporary guardian for the
minor for a specified period not to exceed sixty (60) days.
(c) If a petition is filed under this section, a court shall appoint a
guardian ad litem (as defined in IC 31-9-2-50) or a court appointed
special advocate (as defined in IC 31-9-2-28) for the child. A guardian
ad litem or court appointed special advocate appointed under this
section serves until removed by the court.
(d) If a temporary guardian is appointed without notice and the
minor files a petition that the guardianship be terminated or the court
order modified, the court shall hold a hearing and make a determination
on the petition at the earliest possible time.
(e) A temporary guardian appointed under this section has only the
responsibilities and powers that are ordered by the court.
(f) A proceeding under this section may be joined with a proceeding
under IC 29-3-4 or IC 29-3-5.
(g) The court shall appoint a guardian under this article if the court
finds that the surviving parent is not entitled to the right of custody of
the minor.

Legislative History

As added by P.L.155-1990, SEC.2. Amended by P.L.1-1993, SEC.215; P.L.1-1997, SEC.119; P.L.68-2005, SEC.7.