Third-Party Custody in Webster NY: When Relatives Seek Custody

Many people believe child custody only refers to a child residing with one of their parents or with each of their parents for set periods of time. In certain circumstances, it may be necessary for a relative to acquire custody of a child. Orders for third-party custody in Webster, NY and other New York communities may be issued under extraordinary circumstances, and the process is similar to parental child custody requests.

When Can a Third-Party Request Custody in NY?

Parents are responsible for providing their children with shelter, food, and other essential needs. They also have parental rights, which allow them to decide where a minor child lives and how they are raised. These rights may be modified through a third-party custody order.

Third-party custody in Webster, NY, is a unique legal circumstance. Under this type of legal arrangement, a person other than the legal parent can request custody of a minor child. Third-party custody is different from adoption or guardianship. For a court to award custody of a child to a relative, they should provide the court with evidence of an extraordinary circumstance that requires this arrangement. This can include:

• The death of one or both of the child’s parents.
• When a parent has a history of substance abuse or domestic violence.
• The child has lived for a substantial time with the third party.
• When a parent or parents have abandoned the child.
• If the child’s well-being is threatened by remaining in their parent’s custody.
• If a parent or parents are unfit to raise the child.

A custody order should protect the well-being of the child. Under any of the above circumstances, it may be optimal for a child to be in the custody of a relative.

Who Can Petition for Third-Party Custody?

A third-party custody in New York may be petitioned by “a parent, grandparent or a person with a substantial connection or relationship with the child.” A judge may decide whether a relative should be granted custody based on the factors that the courts consider in child custody decisions in New York.

Procedure to Request Third-Party Custody in Webster NY

When a relative seeks to receive third-party custody over a child in New York, they go through a process similar to that of unmarried parents who petition a custody arrangement. This process generally consists of:

• Submitting a petition: A child custody petition is submitted to a family court with details about the petitioner’s request, including why it is in the interest of the child to be in their custody.
• Informing the Parent(s): The petitioner is also required to serve one or both parents with the petition and a summons for the case. The respondent is then able to submit their response to the request.
• Attending a Family Court Hearing: A relative seeking custody is likely to be required to attend a hearing, where they are asked to present arguments and evidence on why the court should award them custody.
• Receiving a final custody judgment: Once the court has reviewed the evidence presented, it can render a final judgment on a custody order that is right for the child. This order may or may not include giving custody to a third party.

In certain cases, a parent may acquiesce to giving a relative – their own parent, for example – custody over their child if they need support. In many cases, a parent may challenge a third-party petition. It can be beneficial to seek the guidance of a family law attorney to assist with your custody request.

What Does Third-Party Custody Look Like?

An order of custody can give a relative the right to physical and legal custody over a child. They can make decisions about where a child resides, may be able to relocate outside of the state, and can determine the type of medical care, education, or religious upbringing a child receives.

Third-party custody does not permanently terminate parental rights and responsibilities. If it is a child’s interest, custody may be reissued to a child’s legal parent later on if they challenge an existing child custody order by filing a petition in a New York court. A noncustodial parent may also petition for visitation to spend time with their child. Depending on the case, a judge may grant unsupervised, supervised, or no visitation at all.

FAQs

Q: What Is a Third-Party Custody Agreement?

A: A third-party custody agreement is an order issued by a court that provides physical and legal custody of a child to a person other than the child’s parents. A relative with a substantial relationship with a child, such as a grandparent or an adult sibling, may be able to receive custody of a minor child if they can prove it is in the child’s interest.

Q: What Should You Avoid Saying During a Custody Battle?

A: There are many things that a relative who is seeking the custody of a child should avoid saying during a custody battle. It is important to focus on the facts of the case. Bad-mouthing one or both parents may not suffice to prove that they are unfit and may detract from your case. It is also important not to present false information about the parents to gain custody of a child, even if the child is better served by being under third-party custody.

Q: What Are the Different Types of Custody in NY?

A: The different types of custody in NY include physical custody and legal custody. Having physical custody allows a parent to make decisions about where a child lives and makes them responsible for their care. With legal custody, a parent can exercise their judgment about a child’s upbringing, including the choice in education and religion. A child custody agreement may provide joint physical and legal custody or full custody to one parent or a third party.

Q: At What Age Can a Child Choose Custody in New York?

A: There is no specific age at which a child can choose custody in New York. Though a child’s preference may be taken into consideration when determining physical custody, it is only one of the factors that courts consider in child custody decisions in New York. A judge also considers which parent can provide the child with the most stability.

Third-Party Custody in New York Is an Option in Specific Cases

If you are a relative seeking third-party custody in New York, the knowledgeable team at Trotto Law Firm, P.C., can help address any questions you may have about the process and shed light on the strength of your case. Schedule a consultation today.