The legal definitions of non-parental caretakers and the ramifications associated with with those meanings are extremely important to understanding how courts treat biological or natural mothers and fathers. Talking to a qualified Apple Valley family law lawyer will be beneficial to your understanding and navigation of often complicated laws. The most obvious reason to understand the legal definitions is to understand how they effect a court’s decision on child custody, parenting-time, and visitation.
First, it is important to know that in many states, it is not legal for any person other than the parent to assume permanent care and custody of a child under the age of 14 without a court order permitting that person to do so. Therefore, no parent may simply assign or give their children to a relative so that the relative may care for them on a permanent basis.
However, if an emergency situation arises, a relative, foster-care agency, or human services agency may bring a petition to a court to have custody rights established for the child. Many times, it is the human services agency who files a child-in-need-of-services petition before a court in the county where the child resides.
In situations where the natural parent of child cannot take care of his or her own children, a party described above may also commence adoption proceedings as are necessary. This brings up many issues related to termination of parental rights which I will discuss more in a future post.
Consent Decree
In some states, the court may allow a natural parent of a child to petition the court for entry of a “consent decree” whereby the natural parent lawfully transfers custody and care of the child to another person. If a parent petitions for a consent decree, the custody of their child will be transferred to the third-party. If a consent decree is approved by a judge, the natural parent will likely then be ordered to pay child support and/or other expenses to the new custodial third-party.
Also, under certain states’ laws, a natural parent who requests the consent decree for transfer of custody may petition the court to set-aside the consent decree at a later time. The natural parent will need to show the court new reasons why custody of the child should be transferred back to them.
For for further family law information on paternity or other topics, please contact Joseph M. Flanders at Flanderslawfirm.com.
