Child Custody For Non-Parents: What Rights Do Family Members Have?
Parents aren't the only ones who are impacted by a separation. Often, other family members will also want to maintain their relationship with the children involved. What rights do family members have when faced with child custody issues?
Only Parents and Sometimes Grandparent Have Rights
When it comes to the right to see a child, only biological parents usually have presupposed legal right to do so. However, some states also recognize the rights of the child's grandparents. In these situations, the judge will err on the side of negotiating custody or visitation equally (with parents prioritized over grandparents) unless there is a reason not to do so (such as child endangerment).
The rights of grandparents generally only exist if the grandparent has a preexisting relationship with the child. If the grandparent has never met the child, it will be difficult to get visitation and almost impossible to wrest custody away from fit parents.
Judges Make Decisions Based on Child Welfare
Consider a situation in which an aunt has raised a child since they were an infant. Though the aunt has no real custody, a judge may still decide that the aunt should be allowed visitation. Since the aunt is not the child's parent, though, this will need to be a reasonable visitation and a non-disruptive visitation. In some situations, the judge may simply suggest that the relationship continues.
This is because the court is designed to consider the child's welfare. If there is an existing relationship with aunts, uncles, and other family members, it's in the court's interests to keep these relationships open. It's for that reason that a judge may, for example, decline to allow a child to move out of state and away from their extended family.
When a Child is Placed, Preference Goes to Existing Relationships
The above examples are related to divorce, but there can be another child custody issue: if a child's parents are found to be unfit. If a child is taken away from their biological parents, the courts often will consider placing them with family members who they have an existing relationship with before placing them with strangers. Family members may need to petition the courts.
Child custody is complex. If you're currently wondering what rights you have to the children in your family, you may want to connect with a child custody lawyer. Depending on your unique situation, you may have more options than you think.