Third-Party & Grandparent Visitation

From Cassie’s interview for the Masters of Family Law series on ReelLawyers.com

Third-party custody is when someone other than the child’s parents has court-ordered legal and physical custody of the child; 3 out of 4 times that third-party is a grandparent of the child. 

Third parties usually seek custody of a child when they need legal authority to obtain medical care, enroll the child in school, or provide the child with a safe, stable, and permanent home. If you have cared for a child in your home for a long period of time, you might seek custody in order to have a clear, enforceable court order establishing where the child is going to live and what sort of visitation the parents may have. You may want to ensure that the parent(s) cannot take the child from your care on a whim, thus disrupting school, other activities, and the child’s sense of stability.

Third parties also seek custody when they believe that a child’s physical or emotional health is at risk if he or she has to live or remain living with a parent. For instance, if a single mother of a child dies, and the father has had little or no contact with the child (or has a history of abusive behavior, extensive drug and/or alcohol use, etc.), the relatives who have a relationship with the child may believe that the child will be harmed emotionally if left to reside with a virtual stranger. These relatives should take steps to become third-party custodians.

Who is Considered a De Facto Custodian or an Interested Third Party?

A custodian is a person responsible for the care, control, and maintenance of a child. An individual is a de facto custodian if he or she can show that they have been the primary caregiver for a child for a specific length of time (determined by the child’s age) and that the parent has refused or neglected to comply with their parental duties. An individual is entitled to a hearing to prove he or she is a de facto custodian.

To be considered an interested third party, you must show that the parent has abandoned, neglected or otherwise exhibited a harmful disregard for the child’s well- being; and that the presence of this physical or emotional danger makes the safe placement of the child a higher priority than preserving the parent-child relationship. Other extraordinary circumstances may also be considered.

Determining the Best Interests of the Child

The court can give no preference to a parent over a de facto custodian or an interested third party simply because they are a parent. This puts long-term caregivers on equal footing with the parents in custody disputes. However, this does not mean that receiving an order for third-party custody is a simple process, and working with a skilled custody attorney is highly recommended.

To determine the best interest of the child, the court will evaluate numerous factors regarding the child’s current care and living arrangements, relationships between the child and all parties involved in the case, and the wishes of each party (including the child if he or she is considered old enough to express a preference). The court will also consider the child’s adjustment to home, school, and community; and their cultural background.

Choosing the Right Attorney for Your Third-Party Custody Case

Knowing how to collect and present the appropriate evidence to show what is truly in the child’s best interest requires experience and knowledge of the family court system. It is a difficult process, but it is usually in a child’s best interests if the people in the child’s life can work together to create a safe and stable home. At Atticus Family Law, our focus is always on helping families resolve their legal issues favorably and quickly so they can move on with their lives. If you’d like to schedule a consultation with one of our family law attorneys, contact our office today.