Indiana Guardianship Requirements for a Minor Child

Who Can Be a Guardian in Indiana

Any competent adult can petition to become guardian of a minor child in Indiana. There is no requirement that you be a blood relative — grandparents, aunts, uncles, adult siblings, family friends, and other trusted adults can all file. However, in practice, courts favor relatives who already have an established relationship with the child.

Under IC 29-3-5-3, the court must find that appointing a guardian is "necessary as a means of providing care and supervision" of the child or the child's property. For guardianship of the child's person, explain why a guardian is necessary; examples may include a parent's illness, incarceration, substance abuse, abandonment, or death.

The Legal Standard

Indiana distinguishes between two situations:

Uncontested cases — All living parents and other interested parties consent (or one parent is deceased and the remaining required parties consent). The court confirms that the guardianship is necessary, reviews the paperwork and background checks, and typically grants the petition without extensive proceedings.

Contested cases — A parent objects. Under the Indiana Supreme Court's decision in In re Guardianship of B.H. (2002), the court applies a strong presumption that the child's interests are best served by placement with the natural parent. The nonparent must overcome this presumption with clear and convincing evidence that placement with the nonparent substantially and significantly serves the child's best interests. Evidence of parental unfitness, long acquiescence, or voluntary relinquishment may support that showing, but the court is not limited to those factors.

Background Check Requirements

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

A criminal record does not automatically disqualify you. The court considers the nature and severity of any offenses, how long ago they occurred, and whether they pose a risk to the child. But certain convictions — particularly those involving child abuse, sexual offenses, or violent crimes — will make approval extremely difficult.

The CHINS Disclosure

Under IC 29-3-2-7, a party with knowledge of specified abuse or CHINS facts must submit a written disclosure to the court under seal. This covers whether the child has been the subject of a substantiated child abuse report, has been adjudicated a Child in Need of Services, has been involved in an informal adjustment, or whether any party to the proceeding has been identified as a perpetrator in a substantiated report.

You have an ongoing duty to update this disclosure if any of this information changes while the case is pending.

Guardianship of Person vs. Estate

The court can appoint you as guardian of the child's person (physical care and everyday decisions), guardian of the estate (managing the child's financial assets), or both. Most relative caregivers seek guardianship of the person. Guardianship of the estate involves additional requirements — mandatory inventories, court accountings, and potential bonding — and is typically needed only when the child has significant financial assets, an inheritance, or a legal settlement.

Filing Venue

File in the probate division of the circuit or superior court in the county where the child lives. If the child does not live in Indiana, you may file in any Indiana county where the child's property is located.

For a complete walkthrough of the requirements, forms, and process — from determining whether you need guardianship or custody through obtaining Letters of Guardianship — the Indiana Guardianship and Custody Court Process Guide covers every step.

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