Third Parties’ Custody Rights in California
Why Parents May Lose Their Custody Rights
Since parents hold a preferred position under law, the court will presume
that the parent is most fit and adequate individual to raise their child.
However, there are cases where not one, but both parents are not suitable
to raise their child.
If there is evidence that both parents have neglected, abused, or otherwise
failed to provide the proper care for their child, both parents can lose
their rights and a third party can be awarded custody of a child. There
are other situations where a non-parent can seek and obtain custody of
a child, such as if the custodial parent passes away and the surviving
parent is unfit or unwilling to claim custody of the child or if both
parents voluntarily relinquish their rights to the child.
If you are a third-party individual who is seeking to obtain
custody rights of a child, you must hire a lawyer to obtain the most favorable
results possible. With more than 25 years of combined experience, our
Granite Bay family lawyers at Myers Family Law have a complete understanding of California family
law to help you navigate the complexities of the legal system.
Who Can Seek Custody of a Child?
To file a request for custody, a third-party nonparent must have “legal
standing,” which means the ability to show the court a connection
to or interest in the child in question. For example, if a grandparent
or relative has served as the child’s primary custodian for several
years is enough to demonstrate legal ties to file for custody.
The same factors which apply in a traditional custody case apply when choosing
custody in favor of a third party, such as the best interests of the child.
While a child’s best interests are typically served by remaining
in the family home with their biological parents, the parents can still
lose their right if the court decides that their ability to provide care
is not in the child’s best interests.
The following are the common third parties who can obtain child custody:
- Aunts and uncles
- Partners of deceased parents
Call (916) 634-0067 to Get Started. Serving Placer County & Sacramento.
When the biological parents are unfit to take care of their own child,
the court needs to make sure that they are in the right hands. Our Granite
Bay family law attorneys are highly responsive and attentive, providing
the compassionate legal services our clients need to obtain the outcome
Contact us and
schedule a consultation today.