Non-Biological Child Custody in California
In most cases, permission from biological parents is needed for a non-parent to gain custody of a child. Here’s how to get custody of a child that is not yours in California.
As a non-biological parent, it is possible to gain child custody through the permission of the child’s biological parents. That being said, if one or both parents deny consent, it is possible to file a petition for custody of the child in California.
When can a non-biological parent gain custody of a child?
Different circumstances can lead to a non-biological parent gaining custody of a child. The court will evaluate different factors prior to making this type of decision. For example, non-biological parents may be awarded custody if the court finds the biological parents of the child to be unfit to care properly for the child. Moreover, if the living situation of the biological parent is not in the best interest of the child, courts may favor a non-biological parent gaining custody rights. Additionally, in the case that biological parents are not available as a consequence of desertion or death, courts may allow a non-biological parent to gain custody of the child.
Related: What The “Child’s Best Interests” Mean in California Courts
Courts will evaluate the relationship between the non-biological parent and the child prior to granting custody. Generally, courts will look at the amount of time and connection between the two. For example, courts will favor a potential non-biological parent that is considered “family” and has been in the child’s life for many years. As in any case involving a child, courts will make decisions based on the best interests of the child.
Related: Third-Party Custody Rights in California
What happens if a biological parent does not agree with the non-biological parent gaining parental rights?
If the child’s parents are unable to agree on the custody agreement, the judge may send the parents to a mediator from Family Court Services. These sorts of services, or court-related programs, exist to help parents come to a consensus about the child’s care and situation. If parents are unable to agree after taking part in mediation, judges can alter visitation and custody schedules that they believe will facilitate a better outcome. Additionally, judges may appoint a child custody evaluator to examine the family’s circumstances and help determine a better parenting plan. This evaluation can be requested by parents and involves payment. Moreover, children can be appointed their own lawyers in cases where parents do not agree on custody arrangements.
Can a step-parent get custody of a child after divorce?
Courts will evaluate circumstances prior to granting a step-parent child custody after a divorce. An example of a situation where a court may grant a step-parent child includes a biological parent being unable to care for a child (potentially due to factors such as being incarcerated, disappearance, etc). If such is the case, the court may consider living with the step-parent to be in the best interest of the child. The court would, of course, have to deem the step-parent responsible and available to care properly for the child.
Related: Factors that Determine Child Custody in California
Contact Us
If you have any more questions on how to get custody of a child that is not yours in California, 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!