Filing for Third-Party Custody when there is disagreement among parents

LIST Code

FA-04-08-01-00

Title

Filing for Third-Party Custody when there is disagreement among parents

Definition

Legal issues related to a non-parent asking a court for custody of a child when the child’s parents disagree about care, placement, or decision-making. This includes situations where a grandparent, relative, or other third party believes custody is necessary to protect the child’s best interests. This issue covers cases where parents are unable or unwilling to agree on custody arrangements, and a third party seeks court involvement due to concerns such as instability, neglect, abuse, substance use, incarceration, absence, or ongoing conflict between the parents. Third-party custody cases often arise when a child has been living with the third party or when parents cannot provide consistent or safe care. It also includes understanding the legal standards and procedures for third-party custody, which are typically higher than those for parental custody. Legal questions may involve proving parental unfitness, demonstrating extraordinary circumstances, showing the child’s best interests, and navigating objections from one or both parents. These cases can be complex, highly fact-specific, and emotionally sensitive, with significant long-term consequences for the child and family. Includes: - Third-party custody petitions by grandparents or relatives - Custody requests when parents disagree or are in conflict - Court standards for awarding custody to a non-parent - Objections by parents to third-party custody - Temporary or permanent third-party custody orders - Child welfare and best-interest considerations

Location in LIST