Third Party Custody & Visitation

Understanding Third Party Child Custody and Visitation

The traditional family consisting of children and two biological parents is no longer the norm. A parent may have been killed in Iraq or both parents may have died in a car accident. Parents may have made the difficult decision to end their marital relationship. One or both parents may be deemed unfit to raise their child due to chemical dependency or another problem. Whatever the situation, the court will always seek a custody resolution that is in the child's best interests. In some situations, this may mean granting legal rights to someone other than the child's biological parent.

I am attorney Amy Butler of Carucci Butler, LLC, and I know that if you are involved in such a situation, you may be distraught, overwhelmed and anxious. As a dedicated lawyer, my primary objective is to guide you through the family law process as quickly and painlessly as possible.

In order to determine third party custody or visitation rights, the Delaware family courts will evaluate whether the individual had a prior meaningful relationship with the child and if it would be in the best interests of the child to continue that relationship. Methods by which a non-biological parent (a grandparent, aunt/uncle, other relative, or third party) may obtain child custody or visitation rights, include:

• Dependency/neglect custody: If the biological parent is unable to care or the child; or, if the legal parent is capable of caring for the child, but does not provide adequate care due to abuse or neglect, custody may be awarded to a third party
• Temporary or permanent guardianship: If the parent cannot provide adequate care for the child, it may be necessary for a third party to pursue legal responsibility for the child in the short or long term
• Third party visitation: If the third party had a prior relationship with the child, but that relationship has ceased due to the divorce, separation or death of one or both parents, it may be possible to re-establish third party visitation rights/parenting time rights

I know that you may have many questions about the process, about your legal rights and about how to protect the interests of the child (or children) involved. I know how important and precious children are, and I am truly concerned with protecting your needs throughout the entire third party custody and visitation process. I always strive to avoid a contentious custody battle and resolve the matter as amicably as possible in order to protect familial bonds. However, I am prepared to provide aggressive courtroom representation in the event negotiations break down.