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Third party custody is a legal status which can arise in a wide variety of cases. When someone who is not the child's biological mother or father wants to take legal custody of the minor, this is known as third party custody. This sometimes and unfortunately happens when one or both of the child's parents are deceased, but more commonly following a divorce settlement. If both parents are deemed unfit to care for the child then a third party, such as a grandparent or a close family friend, may step forward and ask for sole custody. Sole custody means that they, and only they, can be held legally responsible for the child. Joint custody involves two separate people having legal custody of the child, and they will then arrange a schedule under the court which dictates where the child lives and when. A person is deemed unfit to have custody of a child when: 1. They are abusive 2. They are neglectful 3. They have a physical or mental condition that prevents them for caring for the child adequately. Who Has Rights? Technically, everyone has the right to go to court and ask for custody of any child, but obviously certain people have more weight over others. A stranger to a child will get nowhere if trying for custody against a blood relative or someone who has taken care of them in the past. The federal government tries its best to keep the biological parents as legal guardians, as this is the natural state for any child. However, when the parents are unfit to look after the child, or deceased, other avenues must be explored. In this case, the biological grandparents will have more weight than an unrelated family friend. Older siblings who are over the age of 18 may also be granted custody. Many people assume they will not be granted custody of a child because of their financial situation, but the federal government maintains that this is exactly what child benefits and other financial aids are for. A person's financial status makes no difference in a third party custody case. When It May Not Be Necessary If you or your lawyer don't think you have a chance of actually winning a case for third party custody, then think of the child involved and leave them be. The court will always do what is best for the child, and if you approach a court with a case for third party custody that's primarily selfish, you will be immediately dismissed. The child's welfare always comes first. How to Get Started If you want to try and gain custody of a child then your very first move should be to contact a lawyer and start working on your case. Anybody in competition for custody of the child will have a lawyer and the child will have one themselves. You need a professional to explain to you and the court what is required of a legal custodian, why you are the most suitable for that role and why anybody else may not be. Presenting legal evidence is a complex procedure fraught with clauses and policies, so you should not attempt to do it yourself. We are constantly adding new information - Bookmark this page. |
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