Brown, J.
B.C. was born on August 25, 2010. On March 5, 2012, M.B. and his significant other N.S. (collectively, the “Guardians”), then caregivers of B.C., filed a Verified Petition for Appointment of Guardianship over B.C. in the Marion Superior Court, Probate Division, under cause number 49D08-1203-GU-8868.1 The Guardians alleged that M.B. was B.C.’s maternal grandfather, that there was no father listed on the child’s birth certificate, and that the Guardians did not know the identity of B.C.’s biological father. [Footnote omitted.] The Guardians also alleged that Mother had a history of arrests, that Mother had signed a temporary guardianship agreement, and that B.C. had resided with the Guardians for the majority of his life after having been left in their care by the mother. On July 31, 2012, the Marion Superior Court, Probate Division, approved an agreed entry on guardianship which appointed M.B. and N.S. as guardians over B.C.
On December 19, 2012, J.C. filed a Verified Petition to Establish Paternity, Custody, Support, and Parenting Time in the Montgomery Circuit Court. The chronological case summary indicates that the case was pending on the juvenile docket of the Montgomery Circuit Court. On December 20, 2012, the Montgomery Circuit Court approved an agreed paternity order submitted by J.C. and B.C.’s mother, A.C. (“Mother”), finding that J.C. was the biological father of B.C.
On February 12, 2013, J.C. filed a Verified Motion to Dismiss the guardianship in the Marion Superior Court, Probate Division. J.C. alleged that the guardianship was no longer needed and that the Guardians had refused him any visitation or contact with B.C. and advised him that should he come to their property he would be arrested for trespass. On February 25, 2013, the Guardians filed a Verified Motion to Intervene, Set Aside the Agreed Paternity Order, and Request for DNA Testing in the Montgomery Circuit Court. The Guardians alleged that J.C. was not the biological father of B.C. and that “this matter might be better off with all issue [sic] combined before the Marion Superior Court Probate Division, as that is the appropriate county of residence of the minor child and has been in excess of six (6) months.” Appellants’ Appendix at 32.
On May 13, 2013, the Montgomery Circuit Court entered an order granting the Guardians’ motion to intervene, denying their motion to set aside the paternity judgment, and denying their request for DNA testing.
On May 20, 2013, the Guardians filed a Verified Petition for Adoption in the Marion Superior Court, Probate Division, under cause number 49D08-1305-AD-23417. [Footnote omitted.]
On June 13, 2013, J.C. filed a Petition to Establish Custody in the Montgomery Circuit Court. On June 20, 2013, the Guardians filed a Motion for Consolidation and Transfer to Marion Superior Court, Probate Division, in the Montgomery Circuit Court. The Guardians alleged that “this paternity action should be transferred and consolidated with the guardianship proceeding in the Marion County Superior Court, Probate Division, under Cause No. 49D08-1203-GU-008868.” Id. at 48.
On June 21, 2013, J.C. filed an objection to the Guardians’ motion for consolidation and transfer in the Montgomery Circuit Court. That same day, the Montgomery Circuit Court held a hearing. At the beginning, the court referred to the Guardians’ motion for consolidation and transfer to Marion Superior Court, Probate Division, and asked the parties if there was anything else they wanted to address before it made a decision. The Guardians’ attorney stated: “Our theory of course is, was that there’s already subject matter jurisdiction with an order placing the care and custody of that child with [the Guardians] and an order from this court would create two orders to the same effect and that’s why we have asked for the motion to be granted . . . .” Transcript at 4. After arguments by the parties in which the Guardians’ attorney did not mention the adoption petition, the court stated:
The statutes give the court direction and in looking at this [sic] two statutes [Ind. Code § 31-30-1-1] and companion statute [Ind. Code § 29-3-2-1] at least in this court’s mind establishes that this court has jurisdiction over any custody issue and that that continues even in the face of another court having established a guardianship. The guardianship court decides a different issue than the juvenile court does. The juvenile court is concerned with custody, child support, parenting time, those types of issues involving a child. The guardianship court is not really determining issues of custody it determines whether or not a person needs to be protected because they’re incapacitated and in this case the incapacity would be the minority of the child and then whether that continues given the circumstances. Guardianships as everyone here knows can last for a month, six months or years depending on whether a person continues to have an incapacity that requires in each particular case for the guardian to, a guardian to continue to exercise the guardianship over the ward. So I, but I think it’s clear from our statutes, statutory scheme that the juvenile court is not deprived by a guardianship court and specifically just the opposite and this court does have jurisdiction and continues to have jurisdiction over the matter so the court’s going to deny the motion to consolidate and transfer. I don’t think the guardianship court can exercise the juvenile jurisdiction and in any event that motion will be denied.
Id. at 7-8. After hearing evidence, including that the Guardians had filed a petition to adopt B.C., [footnote omitted] the court continued the hearing to July 2, 2013.
On July 2, 2013, during cross-examination, M.B. testified that he and N.S. had instituted adoption proceedings of B.C. The attempt to adopt B.C. was also mentioned during the questioning of D.G., B.C.’s maternal grandmother. . . . .
On July 3, 2013, J.C. filed an Objection to Petition for Adoption and Motion to Dismiss Adoption in the Marion Superior Court. On July 5, 2013, the Montgomery Circuit Court entered an order finding by clear and convincing evidence that the Guardians should retain physical custody of B.C. at the time, that J.C. and M.B. share joint legal custody of B.C., that J.C. should have parenting time with B.C., and that Mother, who had been incarcerated since February 2013, should have parenting time upon her release from incarceration. In August 2013, the Guardians filed a motion to correct error in the Montgomery Circuit Court, which the court later denied. [Footnote omitted.]
On July 22, 2013, the Guardians filed a brief on the issue of jurisdiction in the Marion Superior Court under the guardianship cause number and argued that the Montgomery Circuit Court should have relinquished jurisdiction upon the Guardians’ motion or, if not then, upon the filing of the Petition for Adoption, both of which occurred before any final order was entered in Montgomery Circuit Court as to the custody of B.C. J.C. and the Guardian ad Litem (“GAL”) also filed briefs that same day.
On July 25, 2013, the GAL filed a Motion to Consolidate Paternity and Guardianship Proceedings and Request to Send Montgomery Circuit Court File to Marion Superior Court, Probate Division, in the Marion Superior Court. The GAL requested that the Marion Superior Court consolidate the paternity action with the guardianship action because the Marion Probate Court took initial cognizance of the matter of the custody of B.C. and because J.C. agreed to submit himself to the Marion Probate Court’s jurisdiction.
On August 6, 2013, the Marion Superior Court, Probate Division, granted J.C.’s motion to dismiss and ordered that the guardianship of B.C. be dismissed. That same day, the Marion Superior Court, Probate Division, dismissed the verified petition for adoption. In August 2013, the Guardians filed a motion to correct error in the Marion Superior Court, Probate Division, which the court later denied on September 24, 2013. [Footnote omitted.]
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The question becomes whether the Montgomery Circuit Court was authorized to adjudicate an issue that was already pending before another court when it entered its order establishing paternity. . . . .
The paternity action began on December 19, 2012, when J.C. filed a Verified Petition to Establish Paternity, Custody, Support, and Parenting Time in the Montgomery Circuit Court. . . . We cannot say that the issue of whether J.C. was B.C.’s father was an issue pending before the Marion Superior Court.
We next turn to whether the Montgomery Circuit Court was authorized to adjudicate an issue that was already pending before another court when it entered its July 5, 2013 order finding that the Guardians should retain physical custody of B.C. at the time, that J.C. and M.B. share joint legal custody of B.C., that J.C. should have parenting time with B.C., and that Mother should have parenting time upon her release from incarceration. The guardianship, paternity, and adoption proceedings all relate to custody. Because the subject of child custody was properly before the Marion Superior Court due to the guardianship action, we conclude that the Montgomery Circuit Court was precluded from making a custody determination in the subsequently filed paternity action. . . . .
Even assuming that the guardianship could have been consolidated with the paternity action in the Montgomery Circuit Court, the filing of the petition for adoption in the Marion Superior Court supports the result that the Marion Superior Court and not the Montgomery Circuit Court had jurisdiction. Ind. Code § 31-19-2-14(a) provides:
If a petition for adoption and a petition to establish paternity are pending at the same time for a child sought to be adopted, the court in which the petition for adoption has been filed has exclusive jurisdiction over the child, and the paternity proceeding must be consolidated with the adoption proceeding.
Because Ind. Code § 31-19-2-14 governs the exclusive jurisdiction when a petition for adoption and a petition to establish paternity are pending at the same time, we find that Ind. Code § 31-19-2-14 controls rather than Ind. Code § 31-30-1-1(3). . . . .
To the extent that J.C. argues that the Guardians waived this issue, we do not find this argument persuasive. While the Guardians did not cite Ind. Code § 31-19-2-14 to the Montgomery Circuit Court, they did request a transfer of the case to the Marion Superior Court, albeit to the guardianship proceedings, and the evidence presented at the hearing in the Montgomery Circuit Court included mention of the adoption petition filed by the Guardians. Moreover, Ind. Code § 31-19-2-14 which the Guardians cited in their brief on the issue of jurisdiction filed in the Marion Superior Court provides that the court in which the petition for adoption has been filed has exclusive jurisdiction over the child. . . . .
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Ind. Code § 31-19-2-14 does not limit its applicability to situations in which an adoption petition is filed prior to the filing of the paternity action. Although paternity had already been established at the time the Guardians filed their petition for adoption, the paternity action remained alive. See In re V.C., 867 N.E.2d 167, 171 (Ind. Ct. App. 2007) (noting that father filed a petition in the paternity action to modify custody of child); In re A.N.S., 741 N.E.2d at 785 n.6 (noting that the paternity court “disposed of all matters brought before it by the parties, but retains jurisdiction to the extent the judgment demands, e.g., the court could modify custody, child support, and visitation”).
Because the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of B.C. See Ind. Code § 31-19-2-14; see also Ind. Code § 31-14-21-13 (“Upon notice that a court in which an adoption is pending has assumed jurisdiction of a paternity action under IC 31-19-2-14, the court in which the paternity action was pending shall stay all proceedings in the paternity action until further order from the court in which the adoption is pending.”). Accordingly, the Montgomery Circuit Court could not properly exercise jurisdiction to enter its July 5, 2013 order as the Marion Superior Court had exclusive jurisdiction over the custody of B.C., and the Marion Superior Court erred when it dismissed the guardianship and adoption proceedings. We reverse the Montgomery Circuit Court’s July 5, 2013 order and remand with instructions for the Marion Superior Court to comply with all provisions of Ind. Code §§ 31-19 and 29-3.
VAIDIK, C.J., and NAJAM, J., concur.