If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody to a relative or agency.
Third party custody is hard to get. The law says that custody shall be awarded to a parent unless both parents are either unfit or unable to care for the children or there are compelling reasons for awarding custody to a third party.
Compelling reasons include abandonment, persistent neglect of parental responsibilities, extended disruption of parental custody, or other similar extraordinary circumstances that would drastically affect the welfare of the child. If the court finds such compelling reasons, it may award custody to a third party if the best interests of the children would be promoted thereby.
In order to be given custody, you would need to file a petition for custody or guardianship. There are no standard court forms for doing so, so you would be best off hiring an attorney to assist you.
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