|
In a dispute between
a parent and a non-parent third party, there is a presumption that the
best interest of the child is served by awarding custody to the parent.
This presumption can only be rebutted if: (1) the parent is unfit; or
(2) exceptional circumstances exist so that custody with the parent
would not be in the child’s best interest.
A third party seeking custody must rebut the parent presumption by a
preponderance of the evidence (a more likely than not or more than 50%
standard).
When a third party is granted custody, it is always subject to
modification based on a material change in circumstances.
A parent’s custodial rights are not terminated by the award of
custody to a third party, nor is the parent precluded from seeking
custody in the future. The parent may also be granted the right to visit
and/or communicate with the child as part of a third party custody
award.
Back to index of articles
|
