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Apr 24 2018

How can a non-custodial parent obtain custody in a juvenile protection case?

At the outset of a juvenile protection case, the juvenile court can place a child removed from his custodial parent into the home of the non-custodial parent and order the non-custodial parent to comply with any conditions the court determines appropriate to satisfy and care of the child

At the permanency stage, the juvenile court can transfer legal and physical custody to a relative-including a non-custodial parent. Any party, including the county, guardian ad litem, or a parent with party status may bring a petition to transfer legal and physical custody to the non-custodial parent.

Even after the transfer of custody to a relative such as a non-custodial parent, the juvenile court may still maintain jurisdiction over the social service agency, child and parents “for the purpose of ensuring conditions ordered by the court related to the care and custody of the child are met.”

An order transferring permanent legal and physical custody to the other parent in juvenile court must be filed with the family court. Any future modifications are heard in family court. The social service agency is a party to that family court proceeding and must review any subsequent family court action to modify custody

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