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Third Party Custody Related Questions

What is third party custody?

Third party custody is where someone who is not the legal parent gets custody of the child. An action for third party custody is a petition for custody by someone who is not the legal parent. Getting custody of someone else’s child can be a complex matter with many legal implications. What are the rights does a person that has received third party custody? Do you have to pay child support if you have third party child custody? Are you legally responsible for the child’s upbringing? These are a few of the many questions that may come up when dealing with third party custody. Below are the most common third party custody related questions answered by Experts on JustAnswer.

In New Jersey, if someone is not the father and is granted third party custody do they pay child support if the child is returned to the custodial parent?

If someone other than the biological parent is granted third party custody then they are usually not required to pay child support if the child is returned to the biological or custodial parent.

Can a grandparent petition for third party custody of a child of the state?

The grandparent can file for adoption or guardianship if the child is a ‘child of the state’. It may be difficult going against the state, although it’s possible. The first thing to do would be to make an appointment with an experienced local attorney specializing in guardianship and/ or adoption. The attorney would explain the intricacies and the various options available to the grandparent after understanding all the case details. Once you know the options available, you can proceed with the adoption or guardianship.

In Oregon how does someone file for legal custody of a friend’s child?

You can obtain third party custody of a friend’s child in Oregon. To be eligible for third party custody you must show that you have had an ongoing relationship with the child. If you have raised or parented the child, then that is something that can be shown to establish that you are fit to raise the child. Be aware that the other parent will be notified of your application for third party custody. The other parent may show up in court and petition the ruling and try to get custody of the child. The court ruling would take the best interest of the child into consideration. To file for third party custody you must usually contact the court in which the child is cared for (the court that has been dealing with the custody of the child), and ask the court clerk for the forms to petition for third party custody. If you do not have a lawyer representing you, then you can explain to the court clerk that you want to file without representation. If you are unsure of how to fill out the forms, the clerk can assist you.

If someone lives in Missouri how would they go about getting custody of a child that resides in Texas after being taken from their parents?

You will need to file a petition for third party custody of the child. Since the process can be rather complex, you may want to consider hiring an attorney to assist you. Once you have received custody of the child, you will need to petition for private placement adoption so that the child cannot be taken away by the parents.

In the state of Louisiana how does custody mandate work?

The law on Custody by Mandate needs to be done by both parents. The law provides parents in the event of divorce or separation may allow someone of legal age to provide care or custody and control of the minor children. This document cannot be used to fight custody of parental custody. Parental custody will be determined and ordered by the court. The requirements follow: The Provisional Custody by Mandate must sign in an authentic form, by both parents and accepts by the agent. The mandate of provisional custody will be effective for one year from the date signed.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9513
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
5 Family Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 9484
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dimitry K., Esq.
Attorney
Satisfied Customers: 7405
I provide family and divorce law advice to my clients in my firm.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 7143
30 years legal experience. I remain current in Family Law through regular continuing education.

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