A
third-party custody arrangement gives third party child custody rights to someone who is not the biological parent. A third-party custody action may be brought by a relative of the child in question or someone who is acting as a parent to the child.
In a traditional child custody and visitation arrangement, the biological parents of the child are granted custody rights. Biological parents are presumed to have parental rights, but in some cases a third party may be acting as a parent to a child. This may occur if a biological parent is unwilling to care for the child or unable to fulfill their parental responsibilities, due to death, incapacitation, incarceration or by a legal determination of unfitness. In such cases, a third party may be granted custody rights in order to assist in the child’s upbringing. Third party custody rights may also arise from an agreement between two parties in which a third party is acting as a second parent to a child whose biological parent is still willing and able to perform their parental duties as well.
A third-party custody arrangement gives third party custody rights to someone who is not the biological parent. A third party may be the child’s grandparent, older sibling, other relative, or another individual who has been acting as a parent to the child. In granting custody to a third party, the court will look at the best interests of the child, as well as consider whether the parents are unfit, unwilling, or unable to provide care. A family law attorney can review the circumstances of the case to determine if a court may grant custody rights to a third party.