${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

What is third-party custody?

42256169_S.jpgLike most grandparents in Jackson County, your deep regard for your grandchildren is only matched by the love you feel for your own kids. You of course want to see your own children succeed as parents, yet not at the expense of your grandkids' well-being. If the issue of your grandchildren's custody does come up, you may feel as though you owe it to them to ask the court to consider giving you custodial rights. 

Section 452.375(5) of Missouri's Domestic Relations Code shows that the state considers five distinct types of custody: 

  • Joint physical and joint legal custody to both parents
  • Joint physical custody with sole legal custody awarded to one parent
  • Joint legal custody with sole physical custody awarded to one parent
  • Sole custody awarded to one parent 
  • Third-party custody 

What is third-party custody? It is when temporary or permanent custody (or visitation) is awarded to one the court deems able to provide a safe and stable environment for a child. As a grandparent, that might certainly be you. Other parties often awarded third-party custody include stepparents, relatives or adults with whom your grandchildren may have been living for a long time. 

The court typically only considers third party custody when your child (your grandkids' parent) has died or he or (and his or her partner) are deemed to be unfit parents and/or it is shown to be in the best interest of your grandchildren. As difficult as it may be for you, if you believe it to be necessary, you may need to challenge your child's parental fitness (as well as that of your grandkids' other parent) if you believe it to be best for them. If you do, burden falls to you to prove their shortcomings to the court. 

No Comments

Leave a comment
Comment Information
2015 Top 100 Lawyers - ASLA Lead Counsel Rated Rated By Super Lawyers American Legal Institute | America's Top Attorneys 2016 Nation's Premier Top Ten Ranking 2016 | NAFLA 10 Best 2014-2017 | 4 Years Client Satisfaction | American Institute of Family Law Attorneys ™ Avvo Rating 10.0 Superb The National Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent National Academy of Jurisprudence Rue Rating | Best Attorneys Of America | Lifetime Charter Member The National Advocates Top 100 Lawyers | America's Premier Attorneys Law Firm 500 | 2016 Honoree America's Top 100 Attorneys American Jurist Institute Top 10 Attorneys American Jurist Institute Top 10 Attorneys 2017
Stange Law Firm, PC

Stange Law Firm, PC
256 NE Tudor Rd.
Lee's Summit, Missouri 64086

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map