In re Custody of M.B.

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In 2014, the Indiana Department of Child Services (DCS) filed a petition alleging that M.B., a minor child, was a child in need of services (CHINS). While the CHINS case was still pending, M.B.'s paternal aunt and uncle (Aunt and Uncle) filed an independent action seeking custody of M.B. The trial court dismissed the action, concluding that Aunt and Uncle did not have standing to bring an independent custody action and that the circuit court did not have jurisdiction to hear the independent custody matter while the CHINS case was pending in the juvenile court. The Supreme Court reversed, holding (1) Aunt and Uncle had standing to bring the independent custody action; and (2) the circuit court had subject matter jurisdiction over the independent custody action but should have stayed the proceedings and abstained from exercising its jurisdiction until the CHINS action concluded. Remanded to the circuit court. View "In re Custody of M.B." on Justia Law