Third Party Custody

Third Party Custody in North Carolina

In North Carolina, third-party custody refers to a legal arrangement in which someone other than the child’s biological parents seeks custody of a child. This typically occurs when a grandparent, other relative, or non-relative, such as a family friend, believes that it is in the child’s best interests to live with them rather than with the child’s biological parents. Third-party custody is sought through a legal process known as “non-parental” or “third-party” custody. Here are key points to understand about third-party custody in North Carolina:

• Eligibility to Seek Third-Party Custody: Third-party custody may be sought by individuals who have a significant and ongoing relationship with the child and can demonstrate that they can provide a stable and suitable living environment for the child. This can include grandparents, aunts, uncles, siblings, or close family friends.
• Legal Standing: To seek third-party custody, the petitioner (the person seeking custody) must demonstrate to the court that they have legal standing, which means they have a substantial relationship with the child and that denying custody would harm the child’s best interests.
• Best Interests of the Child: The court’s primary concern in third-party custody cases is the best interests of the child. The court will consider factors such as the child’s emotional and physical well-being, the relationship between the child and the biological parents, the relationship between the child and the petitioner, and any evidence of abuse or neglect.
• Court Determination: After considering all relevant evidence and arguments, the court will make a determination regarding third-party custody based on the child’s best interests.
• Modification and Enforcement: If the court grants third-party custody, the arrangement may be subject to modification based on changed circumstances. Additionally, the court’s order is legally enforceable.

Third-party custody cases in North Carolina can be complex and emotionally challenging. The outcome of each case depends on the specific circumstances and evidence presented. If you are seeking third-party custody of a child or are a biological parent facing a third-party custody petition, it is advisable to consult with an experienced family law attorney who can provide guidance and represent your interests in court.

We can help with your family law needs. Contact the Law Offices of Austin Vandeveer online today to get started and speak with an attorney about the specifics of your needs.