Ind. Code » Title 29
Indiana Code

Ind. Code § 29-3-3-6 (2025)

Surviving parent; custody proceedings; temporary guardian or guardian ad litem; hearing

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 6. (a) The surviving parent of a minor does not have the right to custody of the minor without a proceeding authorized by law if the parent was not granted custody of the minor in a dissolution of marriage decree and the conditions specified in this section exist.

     (b) If:

(1) the surviving parent, at the time of the custodial parent's death, had required supervision during parenting time privileges granted under a dissolution of marriage decree involving the minor; or

(2) the surviving parent's parenting time privileges with the minor had been suspended at the time of the death of the custodial parent;

the court on petition by any person, including a temporary custodian named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or on the court's own motion, may appoint a temporary guardian for the minor for a specified period not to exceed sixty (60) days.

     (c) If a petition is filed under this section, a court shall appoint a guardian ad litem (as defined in IC 31-9-2-50) or a court appointed special advocate (as defined in IC 31-9-2-28) for the child. A guardian ad litem or court appointed special advocate appointed under this section serves until removed by the court.

     (d) If a temporary guardian is appointed without notice and the minor files a petition that the guardianship be terminated or the court order modified, the court shall hold a hearing and make a determination on the petition at the earliest possible time.

     (e) A temporary guardian appointed under this section has only the responsibilities and powers that are ordered by the court.

     (f) A proceeding under this section may be joined with a proceeding under IC 29-3-4 or IC 29-3-5.

     (g) The court shall appoint a guardian under this article if the court finds that the surviving parent is not entitled to the right of custody of the minor.

As added by P.L.155-1990, SEC.2. Amended by P.L.1-1993, SEC.215; P.L.1-1997, SEC.119; P.L.68-2005, SEC.7.

 

Notes of Decisions
Cited in 2 cases, 1992–2000 · leading case: Matter of Guardianship of Riley, 597 N.E.2d 995 (Ind. Ct. App. 1992).
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Matter of Guardianship of Riley, 597 N.E.2d 995 (Ind. Ct. App. 1992). · cites it 10× “Peterson argues that the court misinterpreted I.C. § 29-3-3-6 as creating in the *997 surviving non-custodial parent an exclusive right to custody of their children so long as the two proscribed conditions enumerated in the statute do not exist.”
In re the Guardianship of B.H., 730 N.E.2d 743 (Ind. Ct. App. 2000). · cites it 8× “the right to custody of the person of the minor Section 29-3-3-6, which is referred to in the proceeding section, states: (a) The surviving parent of a minor does not have the right to custody of the minor without a proceeding authorized by law if the parent was not granted…”
Ind. Code § 29-3-3-6(a): 1 case
In re the Guardianship of B.H., 730 N.E.2d 743 (Ind. Ct. App. 2000). “the right to custody of the person of the minor Section 29-3-3-6, which is referred to in the proceeding section, states: (a) The surviving parent of a minor does not have the right to custody of the minor without a proceeding authorized by law if the parent was not granted…”
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