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Rights of 3rd parties?
- No action unless the family is no longer "intact".
- Standing = legal right for action.
- Very hard to award a 3rd party custody over the biological parent.
De facto custodian?
- Person who has taken care of the child
- must be made a party to the proceeding.
- can be awarded custody if its in the best interest of the child.
Consideration for de facto?
- Custodian's wishes
- the extent of care given
- parent's intent in placing the child with the custodian.
- circumstances which the parent allowed the child to remain in their custody.
Grandparent rights & circumstances?
- Can file for visitation only after the marriage is no longer intact
- 3 circumstances: parents are deceased
- marriage of parents has been dissolved
- child was born out of wedlock and father has established paternity.
- Parents are entitled to reasonable parenting rights unless it would endanger the child
- Indiana provides guidelines
2 Vistation Schedules?
- Reasonable rights of visitation (parties work out their own schedule)
- Fixed schedule (definite dates and time frame)
Supervised v. Unsupervised
- Supervised = restrictions surrounding the parent's vistiation rights
- Unsupervised = no restrictions
Parenting Time guidelines
- Represents the minimum recommended time a parent should maintain with a child.
- Based on developmental stages of children (infant & toddles, child 3 yrs & older, adolescent & teenager)
- Standard is 98 overnights.
Statutory duty to support not visit!
Parenting Education Programs?
- Required to complete before final dissolution hearing.
- Children Cope with Divorce
- Must be established first by:
- action in the court of law
- executing a paternity affidavit
- A man is presumed to be the father is they're married, attempted married (300 days).
Rebuttable presumption to paternity?
- Child lives with the man
- Man openly holds the child out as his child
- with Mother's consent.