How to File for Guardianship in Indiana: Step-by-Step Process

The Filing Process From Start to Finish

Filing for guardianship of a minor child in Indiana is a probate court proceeding under IC 29-3. The process has clear steps, but each one has specific rules — skip one and your case stalls. Here is the sequence.

Step 1: Determine the Right Court

Minor guardianship petitions are filed in the probate division of the circuit or superior court in the county where the child lives. If the child has an open dissolution or paternity case, you may need to file a third-party custody action in the court that has jurisdiction over that case instead. If a CHINS proceeding is active, the juvenile court has exclusive jurisdiction over that CHINS matter and may establish guardianship as part of the child-welfare case.

Step 2: Download and Complete the Forms

Indiana Legal Help (indianalegalhelp.org) provides two standardized petition packets:

• Minor Guardianship With Consent (CCA-GU-0520-4002) — all living parents and other interested parties consent
• Minor Guardianship Without Consent (CCA-GU-1120-4002) — any required party does not consent or cannot be found

A complete filing includes:

1. Appearance Form
2. Verified Petition for Appointment of Guardian
3. Confidential Guardianship Information Sheet with an Access to Court Records (ACR) cover form
4. CHINS Disclosure Form, if one of the listed disclosure circumstances applies
5. Notice of Petition for Appointment of Guardian
6. Proposed Order Setting Hearing
7. Proposed Order Appointing Guardian
8. Oath of Guardian
9. Letters of Guardianship

Step 3: File and Pay the Fee

File the packet with the court clerk in person or through Indiana's e-filing system. The Indiana Trial Court Fee Manual lists a statewide probate filing fee of $177 and a $28 sheriff service fee per case if requested, for a $205 total with sheriff service, including in Marion County.

If you cannot afford the fees, file a Verified Motion for Fee Waiver at the same time as your petition. You will need to disclose household members, income, resources, and expenses. The court may waive all or part of the filing fees and other costs. A fee waiver does not provide free legal counsel.

Step 4: Serve Notice on All Required Parties

Under IC 29-3-6-1, you must serve notice on:

• Every living parent of the child, unless parental rights have been terminated
• Any person alleged to have had principal care and custody of the child during the 60 days before you filed
• The child, if they are 14 or older (unless they signed the petition)
• Any other person the court directs

These notice recipients are those whose whereabouts can be determined after reasonable inquiry. Notice is not required for a person who has waived it or appears at the hearing.

Common service options for guardianship papers:

• Certified mail with return receipt requested (most common)
• Sheriff service — personal delivery by the county sheriff
• Service by publication — only when diligent search shows the parent cannot be found; requires an affidavit of due diligence and three newspaper publications

Step 5: Complete Background Checks

For a covered minor guardianship, the petitioner submits information and consent for DCS to conduct criminal history and background checks on the petitioner and other household members. These may include fingerprint-based national and state criminal history searches, child protective services registry checks, and sex offender registry verification.

Step 6: Attend the Hearing

Bring your government-issued ID, the child's birth certificate, stamped copies of all court filings, proof of service for all parties, background check clearance documentation, and proposed orders including the Oath of Guardian and Letters of Guardianship.

The judge will verify your identity and relationship to the child, confirm that required notice was given, check for any existing domestic relations or CHINS cases, and ask why the guardianship is necessary. Under IC 29-3-5-3, the court must find that appointment is necessary as a means of providing care and supervision of the child.

Step 7: Get Your Letters of Guardianship

If the judge grants the petition, the clerk issues Letters of Guardianship — the official document you present to schools, hospitals, banks, and government agencies to exercise your authority as guardian. Obtain several certified copies from the clerk for a nominal fee.

What Comes After Appointment

Guardianship creates ongoing obligations: posting a bond if the court requires one, filing an inventory of the child's property within 90 days if appointed guardian of the estate, and submitting biennial reports to the court.

The Indiana Guardianship and Custody Court Process Guide covers every step in detail, including worksheets for tracking notice deadlines, hearing preparation checklists, and post-appointment compliance logs.

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