How Can a Family Member Get Custody of a Child?
When a family member wants custody of a child, the laws are different from those of a parent. In most cases, the family member must have legal standing to make a claim for custody. The legal standing is not limited to grandparents; aunts, uncles, and cousins can also petition for custody. However, there are some limitations.
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The best way to determine whether a relative has the right to get custody of a child is to consult a family law attorney. This person can assess the situation and decide whether or not the request is in the best interest of the child.
If the biological parents refuse the request for custody, a third party can petition for the child. To prove that the request is in the best interests of the child, the non-parent must prove that both parents are unfit. They must also provide a credible reason why the child would benefit from the request.
An extended relative is defined as a parent, sibling, stepparent, or other relative that is related to the child within the third degree. In order to qualify for the name-worthy prize, the relative must show a substantial relationship with the child. Other factors include employment, income, and assets.
It is not uncommon for an extended family member to take on the role of a child’s primary caretaker, particularly in cases where the parents are incarcerated or are otherwise unable to adequately meet the child’s needs. A caregiver can be the child’s main source of support and guidance, and can assist the parents in providing meals, health care, and schooling.
In some cases, the family member who gets custody of a child can be a grandparent, an aunt or uncle, or a nanny. Generally, these individuals have a better chance of getting custody than a non-parent.
When an extended relative asks for custody, it’s best to contact an experienced family law attorney. Even though an extended relative is often a better option than a non-parent, they still have to follow specific rules. Some of these rules are designed to prevent abuse and ensure that the child gets the proper care.
In general, the court will give preference to a parent when it comes to custody. For instance, a court might grant joint legal and physical custody to a mother and father. The parent will be questioned by the judge, so they should be prepared to explain why they want custody.
The court may also award the child custody to a relative, even if the parent is not in favor. There are also cases in which the child’s parents are unable to care for the child, and in those cases, the court will issue an Order for Temporary Custody by Extended Family.
A memorandum of understanding is usually filed with the court as part of the petition. The document will contain information about the child, the parents, and the relative. All parties should make multiple copies of the document.