You do not have to be a lawyer to recognize that today’s children are being raised in large numbers by third-parties, ranging from grandparents to relatives to friends and total strangers. Knowing how important stability is to a child’s sense of well-being, many third-parties mistakenly believe that they can just file in court and obtain “custody” since they are raising someone else’s children. However, the United States Supreme Court has determined that natural (and adoptive) parents have one of the oldest and most protected rights—a fundamental right—to raise their children. Thus, a third-party has a legal barrier to overcome in ...
Tag: third party custody
August 27, 2019CD
What is Third-Party Custody and How You Can Obtain Custody of Children You Are Raising?1 A commonly shared belief in our society is that children are often best off in the care and custody of their biological parents. The Supreme Court has stated that one of the oldest fundamental rights in the United States is a parent’s right to the “care, custody, and control of their children.”2 While this right is fundamental, like most everything in life, it is not absolute. The reality today is millions of children are being raised by grandparents, friends, neighbors, and strangers. This creates situations in ...
December 4, 2018CD
Today, millions of children are being raised by grandparents, friends, neighbors, and sometimes, total strangers. This trend is growing each year. In this situation, these individuals acting as “parents” have no legal rights to the children they are raising, despite the fact they are providing for all aspects of their physical and emotional well-being. Practically speaking, this reality can create a multitude of problems for the caretakers, from enrolling the children in school to obtaining health care. All the while, the children are bonding with this caregiver like a biological parent. However, sometimes a parent just shows up years later ...
June 18, 2018CD
Law changes ever so imperceptibly every day. It has to in order to keep up with our society and afford each of us the right to achieve “life, liberty and happiness” through due process of law. The right to due process of law protects the family that is singled out for the most protection in the Constitution —there is a fundamental right of parents to raise their children as they see fit, even if other people or government believes otherwise or disagrees. This blog explores the key daily changes in domestic law and how they balance against the rights of ...
December 27, 2017CD
Raising Someone Else’s Children A word that has almost vanished from common conversations is the term “nuclear” family. This conjured up the notion of a mother, father, two children (a boy and a girl), family dog, and the proverbial white fence. Now children are routinely shared between same-sex parents, divorced parents or have a single parent. However, there are tens of thousands of children being raised by neighbors, other family members, or a trusted friend of parents. Sometimes the children are abandoned, not supported or contacted by the parent or parents again. This creates problems with school enrollment to medical care. The ...
December 1, 2017CD
Without question, more third parties--from neighbors to grandparents--are caring for or raising others’ children. What are their rights to contact, visitation, parenting time, and custody of the children they are caring for and/or raising? This is a complex factual and legal question since the United States Constitution provides biological (and adoptive) parents with the fundamental (i.e., high level) right to raise their children; this legal right trumps the fact a third party may do a markedly better job. This blog post explores the current exceptions to this (fundamental) constitutional right of parents and explores third-party rights or exceptions recognized under Indiana law--given ...
February 16, 2017Adam Hayes
Daily news stories and life experiences demonstrate to us all that third parties, such as neighbors, friends, and grandparents are helping more and more to raise children. Sometimes disputes like divorce causes such third parties to be removed from a care-giving role that they want to continue and perhaps the children need for security and stability. This blog post explores this topic. Third parties always have one big legal hurdle to overcome, although many have done so in Indiana and other states. This is a parent’s fundamental right to raise his or her children with a minimal of state interference. The ...
October 15, 2015Adam Hayes