Third-Party Custody

A child custody dispute doesn’t always take place between two parents. On some occasions, a third party may choose to apply for custody of a child. This third-party custody issue may be initiated by a relative or other adult as an interested third party or a de facto custodian.

A third-party custody action may be undertaken in cases of abandonment, neglect or other disregard for a child’s well-being. It may also be undertaken if the parents are unwilling or unable to provide care for their child.

If you’re a third party and need assistance filing for physical or legal custody of a child, the Law Office of Jennifer Nixon is here for you.

Contact us to learn more, and continue reading below.
 

Third-Party Custody

As part of a third-party custody proceeding, the court may decide:

  • legal and physical custody of a minor child, whether sole or joint;
  • a parenting time schedule;
  • whether parenting time is supervised or unsupervised; and,
  • child support.

A third-party custody action can be initiated in Minnesota courts by two different types of people: interested third parties or de facto custodians.
 

De Facto Custodian

A de facto custodian is someone who has been the primary caretaker of the child within the past 24 months before filing the petition, and with whom the child has resided without a parent present and without consistent participation by the parent for a period of:

  • six months or more, which need not be consecutive, if the child is under three years of age; or,
  • one year or more, which need not be consecutive, if the child is three years of age or older.

In the court’s decision two different types of custody will likely be discussed, each important in its own way: physical and legal custody.
 

Interested Third Party

An interested third party is someone who is not able to meet the definition of a de facto custodian, but who can show that the parent has abandoned or neglected the child or that the child is in danger with the parent, and that placing the child with them is a better option.
 

Physical Custody

Physical custody refers to the right to control the routine daily care of the child and the residence of the child.
 

Legal Custody

Legal custody refers to the right to determine the child’s upbringing, including education, health care and religious training.
 

Contact An Attorney For Third-Party Custody Action Today

Jennifer Nixon establishes close working relationships with clients, resulting in strong and effective representation characterized by caring and understanding.

If you find yourself in need of a lawyer for a third-party custody action, please contact the Law Office of Jennifer Nixon to schedule an appointment.

This website is intended for general information only, and nothing contained herein constitutes legal advice. Any use of this website shall not create an attorney-client relationship. Contacting the Law Office of Jennifer Nixon through this website, by phone, or by email are considered merely requests for information and does not establish an attorney-client relationship. Before beginning any representation, the Law Office of Jennifer Nixon must confirm that such representation does not create a conflict of interest with any current or former clients, and it must be clearly conveyed that we are agreeing to represent your interests.