Sec. 25. (a) This section applies if a custodial parent or guardian of a child dies or becomes unable to care for the child.

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Terms Used In Indiana Code 31-17-2-25

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
     (b) Except as provided in subsection (d), if a person other than a parent files a petition:

(1) seeking to determine custody of the child; or

(2) to modify custody of the child;

that person may request an initial hearing by alleging, as part of the petition, or in a separate petition, the facts and circumstances warranting emergency placement with a person other than the noncustodial parent, pending a final determination of custody.

     (c) If a hearing is requested under subsection (b), the court shall set an initial hearing not later than four (4) business days after the petition is filed to determine whether emergency placement of the child with a person other than the child’s noncustodial parent should be granted, pending a final determination of custody.

     (d) A court is not required to set an initial hearing in accordance with this section if:

(1) it appears from the pleadings that no emergency requiring placement with a person other than the noncustodial parent exists;

(2) it appears from the pleadings that the petitioner does not have a reasonable likelihood of success on the merits; or

(3) manifest injustice would result.

As added by P.L.146-2006, SEC.16.

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