Custody & Parenting

Third-Party Custody

Custody awarded to someone other than a biological parent, such as a grandparent, relative, or family friend.

Understanding Third-Party Custody

Courts may award third-party custody when both parents are unfit, unavailable, or unable to care for the child. Grandparents are the most common third-party custodians. The petitioner must typically demonstrate that neither parent can provide adequate care and that third-party custody serves the child's best interests. Parents have a strong constitutional presumption of fitness, so third-party custody is granted only in exceptional circumstances.

Real-World Examples

The grandmother was granted third-party custody after both parents were incarcerated.

Related Terms

Termination of Parental Rights

A court order permanently ending a parent's legal relationship with their child, including custody, visitation, and support obligations.

Sole Custody

A custody arrangement where one parent has exclusive physical and/or legal custody of the children.

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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.