When most people consider custody cases, it is most often between two legal parents. This leaves many to wonder if a third party or non-parent can get custody of your child. While this is not necessarily common, it is not rare. If you have questions about child custody, the Sherman Oaks child custody attorneys at Diaria & Bociaga are here to help you understand your options.
What are Third-Party Custody Rights in California
California child custody rights remain the same whether held by a parent, family member, or other party. The types of child custody are often broken down into physical and legal custody. These components address the physical possession of the child and the right to make key decisions in their upbringing. These decisions include:
- Religious upbringing
- Educational decisions
- Medical decisions, including mental healthcare, reproductive health, and surgical procedures
- Where the child lives
California courts will not grant custody rights to a third party, or non-parent, lightly. This is often reserved for more dire situations where the legal parents are unable to provide a safe or stable environment. Custody should not be mistaken for a power of attorney or for other arrangements, such as a Child Caregiver Agreement, where the parent knowingly and voluntarily empowers another to provide care for their child while they are unable to.
When are Third-Party Custody Rights Considered
For a third person to gain custody of a child, they must show that the legal parent poses a threat to their safety and well-being, or that it is otherwise in the child’s best interest for someone else to take custody. However, this is a legal process that must go before the judge, and the complainant must show significant evidence to support the request for third-party custody.
A parent who is in active recovery, keeps their child safe and fed, and adheres to appropriate safety plans to ensure the child receives appropriate care in the event of relapse may still be considered suitable, as long as they continue to utilize necessary resources.
However, a child facing food scarcity because the parent uses food money for substance use, or a parent who leaves a child unattended for days at a time to pursue their addiction, may find themselves in a different situation.
What is Considered When Determining the Child’s Best Interest
Key factors in determining the child’s best interest include the child’s age, their needs, and how their parents meet them. Courts will often also consider the parents’ mental health, such as substance abuse or other significant health conditions, and how they may impact the child.
In addition to showing the parent is unfit, someone pursuing third-party custody is often required to show evidence that they are appropriate. This is often a family member or friend who has taken on the caregiving duties in the absence of the other parent. Evidence of the role may include times that they took the child to the doctor, dates the child stayed with them, and any other evidence that they have acted in a parental role.
Call Diarian & Bociaga Today for the Support You Need
Third-party custody cases are rarely simple. Diarian & Bociaga understand this, and we are prepared to do everything we can to help you protect and support the minor in your life. We pride ourselves on providing individualized, but cost-effective representation. So call us today to schedule a consultation and learn more.