Q. What is the meaning of third party custody?
If a person who is not a legal parent gets custody of the child, it is termed as third party custody. One may come across many legal issues when one gets custody of someone else’s child. They may be faced with questions regarding child support, rights and responsibilities in the upbringing of the child, etc. Q. If third party custody is granted to a person who is not the father in the state of New Jersey, does that person need to pay child support though the child is returned to the custodial parent?
In the event that the child is returned to the biological or custodial parent, the person who was granted third party custody may not pay child support. Q. Is it possible that a grandparent request for third party custody of a “child of the state”?
If the child is a ‘child of the state’, then the grandparent can submit a petition for adoption or guardianship. One may need to approach an experienced attorney whose expertise lies in dealing with guardianship and/or adoption issues. Once the case details are reviewed, the attorney would put forth options that may be available at one’s disposal and a future course of action can be planned and executed. Q. If one would wish to file for legal custody of a friend’s child in Oregon how should one go about it?
In Oregon, it is possible for a third party to get custody of a friend’s child. However, one would need to prove to the court that there has been an ongoing relationship with the child. The case may become stronger if one is able to show that he\she has parented a child, which would indicate that one is fit to raise a child. Once a petition to obtain third party custody is filed, it will be notified to the child’s parent. This may lead to the other parent staking a claim for the custody of the child. The best interest of the child will be taken into consideration before a ruling is made by the court. One must contact the court that has been dealing with the custody of the child to obtain forms that may be required to file a petition for third party custody. One may inform the court clerk that there is no lawyer who is representing the case and that one wants to go ahead without a lawyer’s representation. The court clerk may be able to assist in this regard. Q. After the child has been taken away from its parents, it is residing in the state of Texas. In the event that a person living in Missouri would want to take custody of the child, what procedure should they follow?
Third party custody of the child needs to be obtained by filing a petition in the court. It is suggested that the services of an attorney be hired as the process is complex. In order to avoid the parents from taking away the child once the custody has been received, one should file a petition for private placement adoption. Q. Can one explain how custody mandate functions in the state of Louisiana?
The law states that a custody mandate needs to be done by both the parents. This law allows the parents to permit a third person who has obtained a legal age to give care and take custody of their minor child in the event of a divorce or legal separation. However, the document of the mandate may not be used to fight for the custody of the child. It will be decided by the court. The mandate may be signed by both the parents and given to an agent. This mandate for provisional custody may be effective for a year after it was signed. Speaking to a family lawyer can help understand the various aspects of third party custody.
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