Can My Friend Give Me Custody of Her Baby#q=can My Friend Give Me Custody of Her Baby in California

There tin can be important people in a kid'southward life aside from the parents. These people could include an aunt, uncle, stepfather, grandparent, parent's new spouse, nanny, etc. Can someone other than a kid's parents ask for and become custody of the child?

Custody Given to a Tertiary Person

The law gives priority to parents when information technology comes to the custody of their children.

However, another person can go to courtroom and ask for custody. This kind of request for custody is not always related to bad behaviour past the parents. Sometimes, the child'due south well-being requires a tertiary person to take custody.

A 3rd person who wants custody must testify to the judge that this is in the interests of the child.

This is non an easy thing to practice because the parents are often in the all-time position to ensure the well-being of their children. The third person must convince the guess that the opposite is true.

Decisions Concerning Children Who Are in the Custody of a Tertiary Person

The parents' right to be involved in decisions about a child does non automatically disappear if a third person gets custody.

This means that the parents can keep to be involved in important decisions concerning their children, such as

• wellness care,
• education, and
• long-term recreational activities.

Divorce: Vocabulary Change in the Police force

Since March 1, 2021, the Divorce Act no longer uses the terms "custody" or "access". The law now uses the term "parenting fourth dimension" to describe a divorced parent's relationship with a child of the marriage. For more information, see our article Divorce: What Is "Parenting Time" and What to Do When Moving.

Real Cases: Custody Given to a Third Person

Custody was originally awarded to the mother. After she passed away, the children went to live with their male parent. He was non able to connect with the children considering his parenting fashion was very different than the mother'due south. The children really wanted to alive with their aunt and uncle, but the begetter would not let them. The aunt and uncle went to courtroom to ask for custody of the children.

Given all the circumstances, and the interests of the children and their wishes, the five judges hearing the case allowed the children to live with their aunt and uncle.

Two women were living together equally a couple. I of them got pregnant only refused to recognize the other woman'south rights equally a parent. However, both of them raised the child together from the moment he was born, for over two years. He fifty-fifty chosen his mother's partner "Mom."

The women separated. The woman who was non the biological mother wanted joint custody of the kid. They went to court over information technology. The 3 judges who heard the case awarded articulation custody, so the child would spend half of the time with the woman who was not his biological mother.

The child's female parent and father had separated. The father had had custody of the child for the previous four years. The mother never showed much interest in the child and was not very involved in his life. When the child turned 13, he decided that he wanted to live with his maternal grandfather, where he spent a lot of fourth dimension during the summer. The granddaddy, who was much improve off financially than the father, spoiled the child. He asked for custody of the child, arguing that the father was non able to run into the child's material needs, and that the father and kid were living in dirty conditions.

The estimate ruled that it was the grandfather's mistake that the child was unhappy with his male parent and his lifestyle. Also, the things the grandad claimed against the male parent were non proven. The father said he was doing his all-time and offering what he could to his son. The judge refused to award custody to the grandfather.

The child's mother and father were separated and had joint custody of the kid. Whenever it was the father's turn to have the kid, he would bring him to the grandmother (the male parent's mother). And so, the father left the child with the grandmother and moved in with his new spouse. The child's father and mother had a disagreement over something. The grandmother, backed by the father, asked for custody of the kid. The female parent responded and too asked for custody of the kid, claiming that the father did non take care of him and let the grandmother do everything.

The judge pointed out that a parent has priority over a third person when it comes to the custody of a kid. Since the mother was a skillful parent, the judge awarded custody to her. He granted visiting rights to the father and grandmother.

Another Possibility for Grandparents

Grandparents take another pick aside from asking for custody of their grandchildren because the constabulary protects the relationship between grandparents and their grandchildren.

If information technology is difficult or impossible for grandparents to see their grandchildren because the parents are not allowing it, so the grandparents can file a asking in court and ask for visiting rights. Visiting rights allow an adult who does not have custody of the children to spend time with them.

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Source: https://educaloi.qc.ca/en/capsules/giving-custody-of-a-child-to-someone-other-than-parents/

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