Custody

You may be a de facto custodian if you:

• are related by blood to the child within three degrees. For example, you are their aunt, uncle, sibling, cousin, or great-grandparent; and
• were the main person caring for and financially supporting the child while living with them, during a time when a parent was absent and not participating regularly in their lives.¹

To be considered the de facto custodian, you would have to have cared for the child under these circumstances for at least:

• six months if the child is under three years of age; or
• one year or longer if the child is three or older.¹

The judge will also look at whether the children still live with you or how long it’s been since they did.²

Note: If you are the child’s stepparent or their parent’s live-in partner, you cannot be a de facto custodian.³

If you think you might be a de facto custodian, see How will the judge decide if a de facto custodian should have custody?

¹ I.C. ^​§ 32-1703(1)(a)-(b)
² I.C. ^​§ 32-1703(2)
³ I.C. ^​§ 32-1703(4)(b)