Filing for Guardianship Without a Lawyer in Indiana

You Can File Without a Lawyer — Here Is What That Looks Like

Indiana allows self-represented (pro se) filers to petition for guardianship of a minor without hiring an attorney. Thousands of grandparents and relatives do it every year using the state's standardized court forms. But filing without a lawyer means you are responsible for every procedural requirement the court demands, and a missed step can delay your case by weeks or get your petition dismissed.

Free Court Forms

Indiana Legal Help (indianalegalhelp.org), run by the Coalition for Court Access, provides the two standardized petition packets for minor guardianship:

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

Each packet includes the Appearance form, Verified Petition, Confidential Guardianship Information Sheet, Notice of Petition for Appointment of Guardian, and proposed court orders. The CHINS Disclosure Form is a separate additional form required only if one of its listed circumstances applies. The forms are free to download and come with instructions.

What Pro Se Filers Get Wrong

The most common reasons guardianship petitions stall for self-represented filers:

Incomplete service of process. Every living parent whose whereabouts can be determined after reasonable inquiry must receive notice, unless parental rights have been terminated, the parent has waived notice, or the parent appears at the hearing. If you use certified mail, you need the signed return receipt card filed with the court. If a parent cannot be found, you must file an affidavit of due diligence documenting your search efforts before the court will allow service by publication.

Wrong court division. Guardianship petitions go to probate court (or a circuit/superior court exercising probate jurisdiction). If the child has an existing dissolution or paternity case, you may also need to file a third-party custody action in that court. Filing in the wrong division means starting over.

Missing a required CHINS Disclosure. When a listed condition applies, IC 29-3-2-7 requires a disclosure about substantiated abuse or neglect reports, CHINS adjudications, informal adjustments, or a party's status as a substantiated perpetrator. Forgetting the form when required, or filling it out incompletely, can create delays.

Free Legal Help

If you cannot afford an attorney, check each provider's eligibility rules. Indiana Legal Services generally uses an income limit of 125% of the Federal Poverty Guidelines, but in certain circumstances applicants may qualify up to 200% depending on expenses. Specialized projects may use different guidelines.

• Indiana Legal Services — statewide civil legal aid offering advice and representation in eligible guardianship and family law matters
• Marion Superior Court's Legal Resource Center — provides legal information and access to court-approved forms; staff navigators cannot give legal advice
• Lake County courts — link self-represented filers to Indiana's Self-Service Legal Center and provide local forms and court rules
• Regional pro bono programs — volunteer lawyer panels that coordinate free legal assistance for qualifying caregivers

Court clerks can explain procedures, provide case-file information, and review your papers for completeness, but they are prohibited from giving legal advice or telling you which petition to file.

When You Should Hire a Lawyer

Consider getting an attorney if a parent is actively contesting the guardianship, if there is an active DCS or CHINS case involving the child, if another state may have jurisdiction over the child under the UCCJEA, or if substantial financial assets belonging to the child are involved. In contested cases, you will need to overcome the constitutional presumption favoring the parent — that legal standard is difficult to meet without professional help.

The Full Process, Step by Step

The Indiana Guardianship and Custody Court Process Guide was written for people navigating this without an attorney. It covers choosing between guardianship and custody, filling out each form, serving notice on parents (including incarcerated parents), preparing for the hearing, and handling post-appointment duties like filing the guardian's inventory and biennial reports.

See more Indiana guides →