A Third-party custody case involves an individual or individuals who do not have traditional custody rights to the child. An example of a third-party custody is the child’s grandparent filing for custody of the child against the child’s natural parents. In order to have standing in a custody case, the petitioning party must intervene. A Maryland court may grant a party’s request for intervenor status if he or she has a parent like relationship with the child and has provided care as a custodian for the child. The moving party must also show that it is in the best interest of the child to be removed from his or her natural parents and placed with them (The Third Party). If the child’s parent is incarcerated or committed to a mental hospital and as a result not able to care for the child, the third-party may be caring for the child in the place of that parent. The third requesting could be a grandparent, stepparent or relative of the child. If the child has a living non-custodial that parent must be given notice and the opportunity to be heard. The notice requirement is a requirement regardless of whether the other parent has been absent from the child’s life.
In determining a third-party custody case, the court will consider the relationship that the third party has with the child. The Court must consider whether or not the child has lived with the third party and if the third party has provided for the child’s health, education and welfare in the place of the child’s natural parent.
A precedent third-party custody case in Maryland is Ross v. Hoffman. In Ross v. Hoffman, the Court recognized that there is a presumption that the child’s best interest Is to be with his or her natural parent. The presumption Is overcome by showing (a) That the parent Is unfit to have custody, or (b) There are exceptional circumstances making parental custody detrimental to child’s best interest. Ross v. Hoffman, 280 Md. 172, 372 A.2d 582 (Md. 1977).
Prior to determining the best interest standard, the court must first require the moving party to overcome the presumption that the child should remain with his or her natural parents. The moving party must show that the parents are unfit or there are exceptional circumstances.
Exceptional circumstances exist if the third party has established a parent like relationship in the place of the child’s natural parents. A parent can be shown unfit due to neglect, abuse or abandonment of the child. The moving party must also demonstrate that he or she is not acting as a grandparent, relative or nanny but actually serving as the child’s caretaker in the place of the child’s parents.
Since deciding Ross v. Hoffman, the courts have extended third party custody cases to individuals who have been determined to be the child’s De Facto parent. Regardless of whether you are a De Facto parent, a natural parent or a grandparent, filing a custody case can be a challenge. The Law Office of Lynndolyn Mitchell is exceptionally qualified to provide competent, professional and outstanding legal representation in Maryland, Virginia or The District of Columbia.
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