Understanding Third-Party Custody: Rights and Processes

Feb 17 2025 15:00

Third-party custody occurs when a court grants legal and physical custody of a child to someone who is not the biological parent. This person could be a family member or even an unrelated individual under certain circumstances.

When someone is granted sole legal and physical custody, they acquire important rights and responsibilities:

 

 

  • The right to make medical decisions for the child, enroll them in school, and provide a safe, stable, and permanent home.

 

 

  • Clear and enforceable guidelines regarding where the child will live and the parenting time the biological parents may have.

 

 

  • Security that the biological parents cannot abruptly take the child, thereby disrupting the child's routine and sense of stability.

 

 

  • The possibility of receiving child support from the biological parents.

 

 

  • The ability to safeguard the child’s physical and emotional health in instances where the parents cannot offer a stable and healthy environment.

 

 

Petitioning for third-party custody is possible under two circumstances:

 

1. De Facto Custodian

This requires showing by clear and convincing evidence that:

 

  • You have been the child’s primary caretaker.

 

 

  • The child’s parents are not involved in their care.

 

 

  • In the two years preceding the petition, the child lived with you without the parents present for:

 

 

  • At least six months if the child is less than three years old.

 

 

  • At least one year if the child is three years or older.

 

 

2. Interested Third-Party

This requires showing by clear and convincing evidence that you have a significant relationship with the child and one of the following factors exists:

 

  • The parent has abandoned the child or neglected their well-being to the point of it being harmful for the child to continue living with the parent.

 

 

  • The child is in physical or emotional danger, making it paramount to place the child with you over maintaining the current parent-child relationship.

 

 

  • Other extraordinary circumstances exist.

 

 

It is crucial that anyone seeking third-party custody demonstrates that the arrangement is in the “best interests of the child.” This involves more than just being a better caretaker than the parent; it requires showing that the parent is largely unfit.