We’ve previously written about how courts use a “best interests of the child” standard to determine which parent is awarded custody.  However, the rules are different when someone other than a parent wants custody of a child.

Often grandparents are raising a grandchild or another relative has stepped in to care for a child when the parent is absent or unable.  These situations can be complicated and we recommend consulting with a knowledgeable family lawyer.

A third party can seek custody of a minor child if they have a standing or right to sue and bring this action for custody.  Additionally, they have to show the court that the parents have acted inconsistently with their constitutionally protected status or that the parents are unfit.  North Carolina appellate courts have provided guidance on all three of these legal concepts, but each case is unique.

It’s important to remember that the best-interests standard of determining custody is used when two parents are litigating.  The parents, assuming there are no questions of paternity, are on equal ground to argue for custody in most cases.  Third parties, whether grandparents or concerned friends, do not enjoy the same constitutional rights with regards to that child.  Parents have a special status as parents, and for the court to assert its authority to take custodial rights away from a parent and award them to the third party, the court will find that the parents are no longer entitled to that protected status.  That’s why the third party has to show the parents are unfit or have acted inconsistently with that status.

Once it’s determined that the third party has standing to sue for custody and that the parents are no longer entitled to the special constitutionally protected status, the court will make a custodial determination based on what is in the child’s best interests.

This area of law is not simple and there are several legal twists that an attorney can help you navigate.

One of our attorneys can assist you with understanding how these laws apply to your family and what options you might have to seek custody of a child.

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