In Re the Custody of M.B. B/N/F S.C. and D.C. v. S.B. and S.W.

DAVID, Justice.

Indiana Code § 31-17-2-3(2) allows any person other than a parent to commence a custody action over a child, which is not incidental to a marital dissolution, legal separation, or child support action. In the present case, the paternal aunt and uncle of minor child, M.B., filed an independent action seeking custody of M.B. However, this' action was dismissed by the trial court, finding that Aunt and Uncle did not have standing to bring an independent custody action, and the circuit court had no jurisdiction to hear a conflicting action, because a child in need of services…