Advocating for Children’s Best Interests
When a child’s well-being is at risk or their parents are unable to provide appropriate care, third-party custody may be a necessary legal option. At Barna, Guzy & Steffen, our experienced Minnesota Third-Party Custody Lawyers are dedicated to helping non-parents navigate the legal system to protect children. If you need legal assistance, call us today at 763-783-5146.
Minnesota law allows a non-parent to petition for custody of a child under exceptional circumstances. This is a private legal action separate from a child protection case. To petition for third-party custody, the individual must meet specific legal criteria as either a de facto custodian or an interested third party.
Who Can Seek Third-Party Custody?
A non-parent can file for custody if they meet one of the following categories:
- De Facto Custodian – A person who has cared for the child within the past 24 months without a parent present and without consistent parental participation for:
- At least six months (if the child is under 3 years old)
- At least one year (if the child is 3 years or older)
- Interested Third Party – A person who does not qualify as a de facto custodian but can prove:
- Placing the child in their custody is in the child’s best interests.
- At least one of the following applies:
- The parent has abandoned or neglected the child to the extent that returning to the parent would be harmful.
- Placing the child with the non-parent is necessary to prevent physical or emotional harm.
- Extraordinary circumstances justify granting custody to the non-parent.
What Courts Consider in Third-Party Custody Cases
Minnesota courts require compelling evidence that awarding custody to a non-parent is in the child’s best interests. Courts evaluate multiple factors, including:
- The wishes of the child and parties involved
- The child’s primary caretaker
- The emotional bonds between the child and each party
- The child’s relationship with parents, siblings, and significant individuals
- The child’s stability in home, school, and community
- The duration of time the child has lived in a stable environment
- The permanency of the proposed custodial home
- The mental and physical health of all involved parties
- The ability of each party to provide love, affection, and stability
- The child’s cultural background
- The impact of domestic abuse on the child, if applicable
Legal Process for Third-Party Custody
Filing for third-party custody in Minnesota involves several legal steps:
- Filing a Petition – The non-parent must submit a formal petition demonstrating their legal standing and the necessity of custody.
- Serving the Parents – The child’s parents must be formally notified of the petition.
- Court Review – The court examines the petition and determines if an evidentiary hearing is necessary.
- Evidentiary Hearing – Both parties present evidence and testimony supporting their case.
- Final Decision – The judge decides whether granting third-party custody is in the child’s best interests.
Impact on Parental Rights
If a third party is awarded custody, the child’s biological parents may retain visitation rights and may be ordered to pay child support to the custodian. The court considers factors such as:
- The ongoing role of the parents in the child’s life
- Whether visitation is in the child’s best interests
- Financial obligations for supporting the child
Third-Party Custody FAQ
What is third-party custody?
Third-party custody is a legal arrangement where a non-parent is granted custody of a child when the parents are unable to care for them due to exceptional circumstances.
Who can file for third-party custody?
A non-parent who qualifies as a de facto custodian or an interested third party can file for third-party custody.
What is the difference between a de facto custodian and an interested third party?
A de facto custodian has provided primary care for the child for a significant period without a parent present. An interested third party does not meet the de facto custodian criteria but can prove that the child’s best interests require custody to be transferred to them.
What factors does the court consider in third-party custody cases?
The court evaluates multiple factors, including:
- The child’s best interests
- The relationship between the child and the parties involved
- The stability of the child’s home environment
- Any history of abandonment, neglect, or abuse
Can parents still have visitation rights if a third party is awarded custody?
Yes, biological parents may retain visitation rights if the court determines it is in the child’s best interests.
Do parents still have to pay child support if custody is awarded to a third party?
Yes, the court may order parents to provide child support to the third-party custodian.
How long does third-party custody last?
Third-party custody can be permanent or temporary, depending on the circumstances. The court may modify custody if conditions change.
Why Choose Barna, Guzy & Steffen?
Navigating third-party custody cases requires experienced legal representation. At Barna, Guzy & Steffen, we provide:
- Personalized legal guidance tailored to your situation
- Expert representation in contested custody cases
- Strong advocacy for children’s best interests
- Comprehensive family law services, including parenting time and child support matters
With decades of experience handling complex custody cases, we are committed to securing the best possible outcomes for children and their caregivers.
Contact Us Today
If you are seeking third-party custody in Minnesota, trust the legal team at Barna, Guzy & Steffen to protect your rights and advocate for the child’s best interests.
Call us today at 763-783-5146 to schedule a confidential consultation.