Typical third-party custody cases occur when a minor child has lived primarily with another person who is not their parent. Such cases involve a grandparent or step-parent. They have taken care of the minor child consistently for at least two years. This care has occurred without a parent’s involvement in the daily care of the minor child. This situation arises when a parent shows they cannot provide consistent care for the minor child. As a result, the child depends on the third-party individual to meet their needs and ensure their safety.
In these cases, a grandparent could file for third-party custody in Minnesota under Minnesota Statute Section 257C, arguing:
- The child has lived with them for a significant period of time,
- Exceptional circumstances exist due to the parents’ inability to provide care, and
- That is in the best interests of the child for the third-party to have legal and physical custody of the minor child.
If granted, the third-party individual would have legal decision-making authority regarding the child’s education, medical care, and daily needs. The minor child’s parent or parents may still maintain parenting time depending on the circumstances.
Eligibility For Third-Party Custody in Minnesota
No one can arbitrarily file for third-party custody of a minor child in Minnesota. The individual requesting third-party custody must demonstrate they are a “De Facto Custodian” of the minor child. Alternatively, they must show they are an “interested person”.
A De Facto Custodian is someone who has been the child’s primary caretaker for at least two years. This is equivalent to 24 months. This must be the case immediately preceding the filing of the request for third-party custody. This occurs without a parent of the minor child present. It involves a lack of consistent parenting for months or years, depending on the age of the minor child.
An Interested Party is someone who can provide clear and convincing evidence. They must show that the parent abandoned, neglected, or disregarded the minor child. This leads to the child being harmed by staying with the parent. The placement of the child with the interested party takes priority over the parent-child relationship. This is due to physical or emotional danger to the minor child. There may also be other extraordinary circumstances, generally.
What is Considered in Third-Party Custody Cases
Minnesota prioritizes the best interests of the child standards when ordering third-party custody to non-parents. These best interests of the child standards differ from those in child custody matters between parents. They are also not the same as those in parenting time matters. Instead, Minnesota Courts consider the wishes of the parties involved and the child’s preference. This assumes the child is of reasonable age to express their preference. They also consider the child’s primary caretaker and the child’s relationship with the parties involved. The interrelationship with the minor child and other siblings or individuals involved is important. The court evaluates the child’s adjustment to changes and the length of time in a stable environment to promote continuity. They assess the permanence of the family unit and the mental and physical health of each individual. The ability to provide emotional support and care for the minor child is vital. Cultural background is also significant. Additionally, they consider the overall effect on the child.