Third-party custody
Family law |
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Marriage and other equivalent or similar unions and status |
Validity of marriages |
Dissolution of marriages |
Other issues |
Private international law |
Family and criminal code (or criminal law) |
In some custody situations, it is possible that the child/children will not remain with either of their natural, biological, parents, but instead custody is awarded to a third person.[1] Generally speaking, third-party custody occurs when one of two options occur:[1]
- The biological parents do not want custody of the child/children.[1]
- The biological parents are incapable of caring for the child/children.[1]
Voluntary relinquishment
Occasionally, parents will agree to allow an adult (who is not either of the two parents) to raise their child/children.[1] Generally, if either parent changes his/her mind later in the child's life, he/she has the option to seek custody at that point.[1]
Unfit parents
Custody may be awarded to a third adult (who is not either of the two parents) because the parents both seemed unfit to do so.[1] Reasons that the court would retain authority over the child/children and later award custody to a third adult include:[1]
- Child abuse/neglect.[1]
- Substance abuse.[1]
- Deliberate deserting/abandonment of the child/children.[1]
- Inability to provide an adequate income which is necessary for the raising of a child.[1]
Other forms of custody
- Alternating custody is an arrangement whereby the child/children live for an extended period of time with one parent, and then for a similar amount of time with the other parent. While the child/children are with the parent, that parent retains sole authority over the child/children.
- Bird's nest custody is an arrangement whereby the parents go back and forth from a residence in which the child/children reside, placing the burden of upheaval and movement on the parents rather than the child/children.
- Joint custody is an arrangement whereby both parents have legal custody and/or both parents have physical custody.
- Sole custody is an arrangement whereby only one parent has physical and legal custody of a child.
- Split custody is an arrangement whereby one parent has full-time custody over some children, and the other parent has full custody over the other children.
See also
- Divorce
- Family law
- Family court
- Legal custody
- Parens patriae
- Parenting plan
- Physical custody
- Shared parenting
- Ward of the state