The rights of a non-biological parent in a custody case can be a bit of a gray area. On the one hand, the law generally favors biological parents regarding child custody and visitation. However, there are some circumstances where a non-biological parent may be able to seek custody or visitation rights.
If you’re a non biological parent seeking custody or visitation rights, it’s essential to understand the law and your options.
What are the Different Types of Custody?
There are two significant types of custody: legal and physical.
- Legal custody refers to the right to make decisions about the child’s welfare, including education, healthcare, and religious upbringing.
- Physical custody directs to where the child will live.
A parent can have sole physical custody, meaning the child lives with them full-time. Alternatively, they can have joint physical custody, meaning the child spends time living with both parents.
Custody can also be split between the parents, with one parent having primary physical control and the other having visitation rights.
What Are Non Biological Parent Custody Rights?
The term “non-biological parent” can refer to a stepparent, grandparent, or another relative who has played a significant role in a child’s life. In some cases, the non-biological parent may be the child’s primary caregiver.
However, just because a non biological parent has played a significant role in a child’s life does not automatically mean they have custody or visitation rights.
Suppose a condition arises that both biological parents are absent or unable to care for the child. In that case, a non biological parent may be able to seek custody or visitation rights.
This is typically done through a third-party custody case. In a third-party custody case, the non biological parent must prove that they are the best custodial option for the child.
A Non Biological Parent Can Exercise Some Other Rights?
There are a few other rights that the non biological parent can exercise. These include, but are not limited to:
- The right to decide about the child’s education, healthcare, and religious upbringing.
- Enter into legal agreements on behalf of the child, such as housing or medical care contracts.
- Apply for government advantages on behalf of the child, such as food stamps or Medicaid.
- In some states, the non biological parent may also have the right to file a paternity suit to show their legal relationship with the child.
- Additionally, the non biological parent may have visitation rights even if they do not have custody of the child.
Conditions When Non biological Parents Get Custody?
A few conditions must be met for a non biological parent to be awarded custody or visitation rights.
The first is that the child’s biological parents must be absent or unable to care for the child. This can be due to death, incarceration, drug abuse, mental illness, or other reasons.
The second condition is that the non biological parent must have played a significant role in the child’s life. This typically means that the non-biological parent has acted as the child’s primary caregiver.
The third condition is that the non biological parent must prove they are the child’s best custodial option. This includes verifying that the child would be better off in their care than in the care of a relative or the state.
It’s important to note that, even if all three of these conditions are met, a court is not needed to award custody or visitation rights to a non-biological parent.
The court will always decide based on what is in the child’s best interests.
Can a Non Biological Parent Get Joint Custody?
A non-biological parent can get joint custody, but it is typically more challenging.
The first thing that must be revealed is that the child’s biological parents are unable or unwilling to care for the child. The second thing that must be established is that the non biological parent is a fit and proper person to have custody.
The court will also consider what is in the child’s best interests when making its decision.
If you’re a non biological parent seeking custody or visitation rights, it’s essential to understand the law and your options.
You can also strive for the advice of a lawyer to ensure that you are taking the best easy course of action for your situation.
Final Words
A non-biological parent can get custody or visitation rights, but it can be not easy. The best way to ensure that you are taking the best possible course of action is to seek the advice of a lawyer.
This information should not be construed as legal advice. For more information on non biological parent custody rights, don’t hesitate to contact a lawyer in your area.
You can also ask queries to our law experts on this platform.
Elena graduated from Loyola Law School in Los Angeles. While in law school, she interned for the ACLU of Southern California. After graduation, Elena worked as a civil rights attorney for the ACLU of Northern California. She has experience in a variety of legal fields, including family law, personal injury, and criminal defense.
She is passionate about fighting for the rights of all people. She believes that everyone deserves to be treated fairly and with respect. All the possible efforts are being done by her to ensure that everyone has access to justice.