What Is Non-Parental Custody?
This can also be called third party custody. This is where an adult apart from the child’s parent is granted the custody of a child who is under the age of 18. This is very rare where non parental custody is granted, only valid in the rarest of the cases if the child’s parents have passed away or are abusive, indifferent or unfit to parent. When a person is given the non parental custody, they are then deemed legally responsible for the well being of the child, medical decisions, residence, education and other essential factors.
Do you need to be the relative to a child for getting the non parental custody?
Anyone who has a valid interest in the well being of the child can be granted the non parental custody, if the case allows it. Usually this involves relatives who wish to take the custody of the child, close family friends and neighbors can also apply for the same. Generally, the court grants guardianship to the non-relatives if they have been deemed the de facto parents. In other words, they have acted as parents, looked after the child, whenever the child needed it. The court will examine your relationship with the child, your ability to care and offer for the child etc.
How to obtain non parental custody?
You need to go to the court for the same. This entails In Loco Parents Parentis petition where the court deals with non parental custody. Even if the parents have agreed to pass the parental rights to you, the court examines the decision and makes the final call. The process entails petitioning the court in the area where the child lives, letting the parents be informed of your intent to have the custody, then going to the court. Before the court makes the call, you can also file a motion for a temporary custody. The results may vary here. Every case is different, hence hire good family law attorneys in Minneapolis to deal with this.
If you cannot obtain custody, what are your other options?
It can be tough to get custody if the parents of the child are still living. If you cannot get custody, then you can petition for guardianship. In this way, you can gain a say for the child’s upbringing. Or if you are the grandparent, then you can apply for visitation rights by the court.