What You Need To Know About Third-Party Custody Rights in California
Custody is the legal term for guardianship; in certain situations, the right to custody of a child may be given to an individual who is not the child’s biological parent. Here is what you need to know about third-party custody rights in California.
An individual who is not the biological parent (the third party) must prove legal standing when filing a request to the court for child custody. If a judge determines that the individual has legal standing and that the child would fare better with the third party over their parents, the judge will grant the third party custody.
Proving legal standing
Proving legal standing is the first step in a third-party child custody case. An individual cannot go to court nor hope to gain custody of a child if they provide no legal standing, or if their standing is denied. The third-party must typically prove to the court a connection to the child they are requesting custody of or a strong interest in the child’s well-being. A custody decision must always be made with the child’s safety, welfare, health, and best interests in mind as per California Family Code Section 3011. The following are individuals who may have legal standing for third-party custody:
- The child’s grandparents
- Grandparents, if fit and able to care for a child, may have legal standing because they are related to the child. They are typically preferred by the court in cases where the child’s parents are unfit to take care of the child.
- A grandparent may be denied custody if they are not in good health or if the court feels that the child’s interests would be best protected by another individual.
- The child’s aunts or uncles
- Aunts or uncles may have legal standing because they are related to the child.
- An aunt or uncle who cannot show that they have a special interest in the child’s well-being or a strong connection with the child may not be granted child custody.
- A child’s stepfather or stepmother
- While not related to the child, a stepmother or stepfather may have legal standing if they have contributed to the child’s upbringing and have a special interest in their well-being.
- A stepfather or stepmother may be denied child custody if they have not lived with the child for a significant amount of time or formed a strong connection with the child. A stepparent must provide good cause for custody in cases where there are other individuals related to the child by blood who are requesting custody.
- The partner of a child’s parent(s) in cases where the parent(s) have passed away
- The partner does not need to be a legal spouse.
- A partner of a deceased parent may have legal standing if the child has had frequent contact with the partner, has lived with the partner, or if the child’s well-being would benefit from living with the partner.
- A partner may be denied custody if they have not lived with or raised the child for a significant amount of time or formed a close relationship.
- A court cannot discriminate against an individual based on their gender or sexual orientation. If the partner was the domestic partner of a deceased parent, they may have a stronger case for requesting child custody, since they would essentially be considered a parent or stepparent depending on the situation.
- A child’s parent’s life-long friend
- A life-long friend who has had frequent contact with the child may be able to provide legal standing on the grounds of familiarity and a special interest in the child’s well-being.
- A life-long friend may be denied custody on the grounds that they are of no familial relation to the child.
Related: 9 Factors That Affect Child Custody in California
Different Types of Third-Party Custody
There are two ways individuals can request custody of a child who is not biologically theirs:
- Guardianship
- An individual who is not the parent of a child can request consent guardianship.
- The parents of the child must give written consent to an individual. If both parents do not consent, consent guardianship is not viable and the individual will need to file for non-parent custody.
- Non-parent custody
- An individual seeking custody must file a request in the court that pertains to the child’s place of residence.
- When filing, they must provide a detailed account of why they are petitioning for custody.
- The request must include formal notification of the custody a non-parent is seeking. This notification will be given to the parents, guardian, and/or any other individual interested in gaining custody of the child.
- A person requesting custody should show that:
- They have a relationship with the child that has existed for a substantive period of time
- They are able to be a viable substitute as a parent figure
- It is in the child’s best interests for the individual to be granted custody
Related: Types of Child Custody and Visitation in California
FAQS
Can I gain third-party custody if both parents want custody of the child?
Courts will tend to favor parents and will only grant custody to a non-parent if proven that the child’s well-being is being threatened or ignored by their current parents.
If I cannot get non-parental custody can I get non-parental visitation rights?
It can be difficult to get both. If the family is intact and the parents are taking care of the child, even individuals such as grandparents may not have grounds for requesting rights. This precedent was set by the Supreme Court in Troxel v. Granville.
Related: Grandparent Custody Rights in California
Contact Us
If you or a loved one is seeking third-party custody rights, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!