Category: Guardianship Articles

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Guardianship vs Custody, What’s the Difference?

In today’s world, it is increasingly common for kids to be raised other than biological adults. Sometimes this is done informally. This is most common when parents get sick, become incarcerated, cope with addiction issues, or simply are having a difficult time serving as parents. They may reach out to their own parents, other relatives, or […]

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Guardianship is an Increasing Need

These days we are seeing an increase in the need for guardianships. There are several factors that possibly contribute to this. One factor is that through medical advancements people generally are living longer. In many cases, extended life does not equate to extended quality of life, or extended capabilities. It is only an extended life. […]

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Domestic Violence Orders of Protection

– INDIANA COURT OF APPEALS RULES THAT NEW EVIDENCE MUST BE PRESENTED TO JUSTIFY RE-ISSUANCE OF PROTECTIVE ORDER AFTER IT EXPIRED In Indiana, under the Civil Protective Order Act under I.C. § 34-26-5, a local trial court can issue a domestic order of protection (often referred to as a “protective order”) under procedures and for […]

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Child Custody—Who Gets It, and What is it Based On?

Child custody is often the stickiest issue in family law cases. The custody determination impacts both parents in very personal ways. If you are facing a divorce or paternity lawsuit, you probably share some of these concerns: Wouldn’t I be the better parent? Will my relationship with my child suffer if I don’t custody? Living […]

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Transfering Guardianships Between States

Guardianships are generally subject to the ongoing supervision of the court where the guardianship was first established. Occasionally, someone who has been granted guardianship by the probate court in one state needs to transfer the guardianship to another state. This generally happens for one of two reasons: (1) the guardian and incapacitated person move to […]

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