While visitation and custody issues arise during divorces, these parents are not the only ones who may become involved in such a situation. Custody disputes can happen between grandparents and unmarried parents, and in some cases relatives can hire a child custody Lawyer in Hyde Park and seek custody. Readers can click here to view a discussion of visitation and custody issues involving unmarried parents.
Unmarried Parents
When parents aren’t married, most states’ laws require that the mother be awarded sole custody unless the father steps up to file. Unwed fathers often can’t get custody over a fit mother, but they can take steps to get visitation and custody rights. In custody disputes between unmarried parents, options are much the same as for married couples. However, unmarried parents don’t have to resolve issues such as spousal support and property division. Therefore, custody cases are often simpler for the unmarried, with judges identifying the primary caretaker of the child.
Non-Parental Cases
In certain circumstances, people other than parents may seek child custody. Relatives such as aunts, uncles, grandparents and even family friends can file for custody on a third-party basis. Specific procedures must be followed when a non-parent files for custody and the process usually starts when the filer submits a document called a custody petition with the local court. The custody petition should state the filer’s relationship with the child, the child’s parents’ status, and the reasons why the person wants (and should be given) custody of the child. In most cases, a copy of the custody petition must be given to the parents, if they’re alive and can be found.
Grandparents’ Visitation Rights
In addition to custody filing in some situations, a child’s grandparents can seek to enforce their legal right to visitation if that right is being impeded by the parents. DC and all 50 states have laws protecting the rights of grandparents to see their grandchildren on a regular basis. However, these laws vary by state and most people need a lawyer’s help to file a visitation petition. If someone wants custody of their child, grandchild or other minor relative, a Child Custody Lawyer in Hyde Park can offer legal advice.
