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Can a family member take custody of a child?

Leia Doyle

Can a family member take custody of a child?

The Possibility of the Third Party Custody There are certain circumstances that can lead to a third party obtaining and keeping custody of a child. Both parents can also relinquish the parental rights to the child where another person can come in and take these rights such as a foster or adoptive family.

A petition for custody is a written request to become the custodian of a child. Custody decisions can be made in Family Court or Supreme Court. If someone else has custody or guardianship over a child, and the parent wants to get the child back, they have to file a petition in court to ask for the child back.

When does a relative need custody of a child?

There are any number of situations arise where a relative needs to get guardianship or custody of children. At this time there are parents on military deployment overseas, parents tied up in the criminal justice system or even parents who are just not capable or fit to raise their own children.

What does it mean to have legal custody of a child?

Legal Custody. Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about the child’s schooling, religious upbringing and medical care, for example.

Can a family member become a legal guardian of a child?

For example, if a child’s parents were in a serious accident that caused both parents to lapse into a coma, a court could either appoint a close family member to become their temporary legal guardian. They may also review the parents’ will documents and designate the person named therein the child’s legal guardian.

What’s the difference between physical and legal custody?

Custody refers to both legal and physical custody of a child. Legal custody is the right to make decisions for a child, while physical custody is the right to have physical control over a child. Custody is generally discussed in regard to a child’s biological or adoptive parents.