When Can A Third Party (Non-Parent) Take Custody Of Your Child?
A divorce can be a very tricky situation to navigate, from the mounds of paperwork to dividing property and getting all of the important information to your attorney. When the added aspect of child custody becomes a factor, the stress of a divorce can build up quickly and it can be hard to keep all the details straight. In most cases, a custody hearing and visitation agreement will determine which of the two parents get primary custody, what the visitation schedule will look like, and where the child will spend the majority of their time. In some cases, however, the judge could grant custody of your children to a third party like a grandparent, close relative, or even another non-related trusted individual. This information might lend towards making you even more confused about the process and how it works, so continue reading to learn how a third party could take custody of your child:
Best Interest of the Child
Ultimately a judge is looking to arrive at the scenario in which the best interests of your child are met. Looking at some of the following details can help the judge to solidify if your situation provides the best case scenario for your child's future:
- Is there any ongoing history of drug or alcohol abuse among both parents?
- Are there suitable living conditions that will provide for the basic needs of the child among at least one of the two parents?
- Will a financial situation end up impacting the child negatively?
- If the child is older, does the child have a preference in the situation that should be taken under consideration?
Evidence that Demands a Verdict
As mentioned, the traditional custody arrangement granted to one primary parent in the midst of a divorce case is usual-- but odd circumstances or situations can cause that to be shaken up. For example, if the biological child has already been living with a third party for a long period of time and it seems clear that they will be best staying in that same situation, a judge may be prone to grant full custody to that third party. Most importantly, if there is any reason that you or your former spouse are not able to be fit parents, the court will likely look for another relative (or someone else close to the child) to grant custody to. No matter what your specific situation entails, don't hesitate to discuss the details with a legal team like Mauro Savo Camerino Grant & Schalk as soon as possible--when it comes to the betterment and future of your children, there's no time to waste.
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