Relative or non Parent Custody

Giulitto Law Office has attorneys who handle cases where a non parent seeks custody of a child in Portage County and surrounding areas.  Call our office today to discuss your case.

Non parent relative custody or custody to other non-parents can be achieved in two main ways.  The first is by agreement.  Many courts understand that there are times when the parents cannot take care of their children. As such, they are willing to facilitate agreements whereby a relative can voluntarily take custody by agreement of all parties involved.  Portage County Juvenile court will facilitate these arrangements.  Non relatives can also be considered but relatives are a more likely scenario.

The second way is much more complicated.  The non parents or relatives wishing to pursue over a parent’s objection must prove that the parents are unfit.  This is a very high standard to meet and will only be entertained if there are extraordinary circumstances.  This is not to say that this cannot be achieved.

Parents who have drug and alcohol issues, mental heath issues or domestic violence history can be shown to be unfit if the problems persist.  If a parent is struggling with these issues, a court may consider giving a relative or non parent temporary custody until the issue is resolved.

If Children’s Services is involved in removing the child/ children, relatives or non parents can be considered for temporary or legal custody.  In fact this is desired especially if the relatives or non parents have a prior relationship to the children.  In those cases, unfitness generally does not need to be proved by the relatives or non parents because the removal action presumes unfitness.  Typically, courts will give the parents a reasonable amount of time to remedy the issues that caused the removal.  However, if the parents do not remedy the issues, the court is likely to consider relative or non parent custody.

Contact Giulitto Law Office for a FREE CONSULTATION related to your relative or non parent custody issue.