How someone other than a parent can get custody

On behalf of Stange Law Firm, PC posted in Child Custody on Wednesday, May 15, 2019.

When someone other than a child’s parent gets custody of that child, it is referred to as third-party custody. This generally only takes place when the biological parents either don’t want their children or are unable to take care of them. Those in Illinois and elsewhere who want to obtain custody of a child must first show that they have standing to do so. For instance, a court may find that the person whom the child lives with could become a child’s legal parent.

This person could be anyone from a grandparent to an aunt or family friend. Older siblings may also be allowed to adopt younger siblings if they demonstrate the ability to do so. If an individual is deemed worthy of petitioning for custody, it must still be shown that there is a good reason to allow the petitioner to have it.

For example, a judge may find that a child is in danger of physical or other types of harm if left in the custody of a parent. A judge could also find that a child is in danger because a parent is impaired or unable to financially provide for a son or daughter. Ultimately, a custody decision is made with the best interest of the child in mind. In some cases, the child will have input into the decision.

Those who want physical custody of a child will need to show that they are capable of providing a nurturing environment for that child. This generally means providing food, clothing and shelter. It also means being there for a child from an emotional perspective. In some cases, custody rights may be granted on a temporary basis. An attorney may work to help an individual convince a judge to grant custody rights either temporarily or permanently.

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