NON-PARENTAL CUSTODY

You'll need permission from the biological parents to obtain non-parent custody of a child. If one or both parents will not consent, you can file a petition for non-parent custody. Know that courts take the parental rights of biological parents very seriously. Please read our guide to discover ways to get non-parent custody of a child and visitation rights. 

As the rules vary by state, you should generally follow specific court procedures and provide clear proof that the child will be harmed if non-parent custody isn't granted.

Depending on where you live, you will find two primary ways to declare custody of a kid that is biologically not your own: 1) guardianship and 2) non-parent custody.

Applying for Guardianship instead of Non-Parent Custody

The very first method so you can get non-parent custody of a child involves applying for guardianship.  That is the easiest way to get custody of a young child that isn't yours; however, biological parents withhold the best to revoke consent and take custody back in these cases. In this type of custody, both parents must agree to provide custody to the non-parents.

Consent guardianship is extremely hard if one parent does not agree to offer consent. If mutual consent cannot or isn't granted, non-parents can file for non-parent custody.

Non-Parent Custody Petitions

The 2nd method for getting custody is named non-parent custody, also called "in loco parentis" custody. “In loco parentis” means “instead of the parents” or “as opposed to the parents." In this instance, non-parents file with the court where the kid currently or permanently resides. The non-parental filing will have to detail the petition's cause and call for a conventional notification to the child's parents (if living), guardians, and other interested parties.

To gain non-parent custody, the non-parent(s) must generally be able to show these:

1. That they have a long-standing relationship with the kid and are fully capable of substituting for the parents in looking after the child.
2. That it's merely not in the child's best interests but also to his detriment to be left with parents who desire to retain custody.
3. That the court with jurisdiction in the problem hasn't made a custody determination within 12 months of the filing, except cases once the child's physical, emotional, moral, or mental health is in jeopardy.
4. That one of many following criteria applies a) One of the child's legal parents is deceased, or b) the child's parents aren't married during the filing time.

Courts take the rights of biological parents seriously, and the non-parents filing for custody must convincingly prove that it is in the child's best interests to be taken.

Non-Parent Visitation Rights

Getting visitation rights for a young child that's not your own personal can also be very difficult. This really is true even if you would be the child's grandparent. To better understand the guidelines here, think about Troxel v. Granville's case, where the U.S. Supreme court decision regarding the visitation rights of grandparents.

Once the parent's relationship fell apart, Troxel continued to take his daughters to his parents. Later, Brad Troxel committed suicide, but his parents wanted to keep to see the girls.  Tommie tried to limit Troxel's' visitation rights. The Troxel filed suit under the Washington State Statute that allowed non-parental third parties to file a lawsuit to compel visitation.

The case moved through the low courts, all the best way to the U.S. Supreme Court, which discovered that the Washington state law should have required that those filing for visitation prove some injury to the youngsters if visitation was not allowed. As the court had six different opinions issued with its decision, the case was considered widely as a blow to the rights of non-parents applying for visitation rights of children.

As a broad matter, Troxel v. Granville meant that “intact” families consisting of married parents and children had the best to create decisions regarding visitation rights of grandparents and other non-parents. To be granted visitation and/or custody, clear and convincing evidence must be presented by the non-parent proving injury to children if visitation is not allowed. The burden lies squarely with those filing the petition to prove the detriment to the little one if visitation is denied.

So, which means that if you intend to get non-parent custody of a kid, you have to petition the family court where the kid lives and show clear and convincing proof that the kid ought to be put in your custody or that you should be granted visitation. Unless you have solid proof, you are very unlikely to be given custody of a non-biological child in the shape of witness statements and other evidence. However, when you yourself have been raising the little one and are acting as an alternative parent or you have various other reasons it would be detrimental to the little one if you weren't to be granted non-parent custody, contact a lawyer to go over your options.