Can Non-Familial Primary Caregivers Seek Custody?

When it comes to child custody, the law and courts lean on the assumption that it’s in a child’s best interest to live with family members. But what about non-familial primary caregivers? Can they seek custody of a child they’ve been caring for?

This article looks at the laws governing this scenario, what courts consider when determining custody, and the possibility of terminating a biological family member’s rights. If you are attempting to seek custody of a child, contact a child custody lawyer near you.

Why a Non-Familial Caregiver May Need Custody

In most jurisdictions in the U.S., the law recognizes that a child’s best interests should always be the guiding principle in child custody cases. Those laws also presume that a child’s best interest is to reside with a biological parent.

While biological or legal family ties are important, they may not always guarantee that a child is living in the best environment for their growth and well-being. Courts can award temporary custody to a non-familial caregiver and give parents or grandparents time to become appropriate caregivers for a child.

In most states, non-familial caregivers can seek a court order for custody in some cases, including:

• If a minor child’s biological parents abandoned them or have an established track record of having no interest in parenting or paying child support.
• When biological parents are deemed unfit to parent due to abuse, neglect, substance abuse, or other harmful behaviors.
• If biological parents voluntarily give up their parental rights in favor of non-familial caregivers who have a strong bond with the child and can offer a better future.
• If it’s determined that the best interest of the child would be better served by remaining in the care of a non-familial caregiver.

Terminating Biological Family Members’ Rights

Courts have the authority to terminate the parental rights of a biological family member if it is in the child’s best interests. Termination of parental rights is a serious step and typically only happens in cases of severe abuse, neglect, or abandonment.

The end result is the court granting permanent physical and legal custody of the child to a non-parent, including a non-familial caregiver. The process varies by jurisdiction, but it generally involves court hearings and a thorough evaluation of the circumstances. Once parental rights are terminated, the non-familial caregiver can seek legal custody or adoption.

What Courts Consider When Determining Custody

A family court judge will consider several different factors when deciding whether to grant temporary or permanent custody to a non-familial caregiver. They include:

• The fitness of the biological parents, including if either has a history of abuse, domestic violence, neglect, or other harmful behaviors.
• The child’s age and their preferences, especially in the case of teenagers who are mature enough to make informed choices
• Who provides the best living situation that can offer the child stability and consistency in their upbringing. In some cases, a non-familial caregiver may be better able to handle a child’s physical, emotional, educational, and medical needs.
• The strength of the bond between the child and the non-familial caregiver plays in the child’s life.

The Role of Non-Familial Caregivers Who Get Custody

When non-familial caregivers gain custody, they step into the role of primary caregivers with all the rights and responsibilities that come with it. This includes making decisions about the child’s education, health care, and upbringing.

Non-familial caregivers who obtain custody play a pivotal role in the child’s life, providing emotional support, guidance, and a sense of belonging. There are some custody arrangements and custody decisions where a child’s parents may still receive a certain amount of time to be with the child, develop a parent-child relationship, and get parenting time.

Contact a Child Custody Attorney

If you believe seeking physical custody and legal custody as a non-familial caregiver is in a child’s best interests, one of the first things you should do is talk to a family law attorney with experience in child custody cases. An attorney can provide guidance, represent you in the legal process, and ensure that your rights and the child’s well-being are protected.