Rochester Minnesota Third Party Child Custody Lawyer

Third Party Child Custody Attorney Minnesota

Minnesota statutes allow for a third party to obtain custody of children when biological parents are unfit, unwilling or unable to provide care. In these situations, grandparents, relatives or other interested adults may be able to petition the court to request custody of the children. Some of the situations in which a petition for third-party custody may be granted include:

• Parental abandonment or negligence
• Parental substance abuse
• Parental incarceration
• Child Abuse
• Missing parent

Custody can be either temporarily or permanently transferred to the third party. As outlined below, this is a very technical area of the law. A Rochester Minnesota third party child custody attorney can help.

Third Party Child Custody Procedure

There are two ways for a third party to obtain custody of children:

• With the consent of the parents
• Without the consent of the parents

Custody Consent Decree

The parents of a child can agree to transfer legal and physical custody of a child to a third party. The Court will approve the transfer of custody if it finds that it is in the best interests of the child and all parties agree after being informed of all their rights and responsibilities. To be valid, a consent decree must:

• Transfer custody to a third party and inform them of their rights to make decisions just like a parent;
• Indicate whether the custody transfer is temporary or permanent;

• Address the issue of child support.

Third Party Child Custody Without Parental Consent

For a third party to obtain custody of a child without the consent of the child's parents, the third party must prove to be either a "de facto custodian" or an "interested third party." Additionally, the court must find that the third party's custody of the child would be in the child's best interest.

De Facto Custodian

A "de facto custodian" is an individual who has been the primary caretaker of a child who has, within the 24 months immediately preceding the filing of the petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:

• six months or more, which need not be consecutive, if the child is under three years of age; or
• one year or more, which need not be consecutive, if the child is three years of age or older.

Interested Third Party

An "interested third party" is an individual who is not a de facto custodian but who can prove by clear and convincing evidence at least one of the factors outlined below:

• the parent has abandoned, neglected, or otherwise exhibited disregard for the child's well-being to the extent that the child will be harmed by living with the parent;
• placement of the child with the individual takes priority over preserving the day-to-day parent-child relationship because of the presence of physical or emotional danger to the child; or
• other extraordinary circumstances.

In determining a Interested Third Party petition for custody, the Court must look at the following factors as well:

• the amount of involvement the interested third party had with the child during the parent's absence or during the child's lifetime;
• the amount of involvement the parent had with the child during the parent's absence;
• the presence or involvement of other interested third parties;
• the facts and circumstances of the parent's absence;
• the parent's refusal to comply with conditions for retaining custody set forth in previous court orders;
• whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence;
• whether a sibling of the child is already in the care of the interested third party; and
• whether there is a standby custody designation.

Best Interests of the Child

Just like in a “regular” custody matter, under Minnesota law, the court must determine the best interests of the child prior to making a custody determination. The judge will examine the following factors in making its decision:

• the wishes of the party or parties as to custody;
• the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
• the child's primary caretaker;
• the intimacy of the relationship between each party and the child;
• the interaction and interrelationship of the child with a party or parties, siblings, and any other person who may significantly affect the child's best interests;
• the child's adjustment to home, school, and community;
• the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
• the permanence, as a family unit, of the existing or proposed custodial home;
• the mental and physical health of all individuals involved;
• the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion, if any;
• the child's cultural background; and
• the effect on the child of the actions of an abuser, if domestic abuse has occurred between the parents or the parties.

If you have additional questions about how Third Party Custody Laws in Minnesota apply in your circumstances, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.