Third Party Custody Rights

Third Party Rights to Custody that does not involve Grandparents

A brother or sister does not have rights to pursue a court ordered visitation with a brother or sister who is a minor, neither does and adult sister or brother have this right as long as the parents have not given up custody through termination of rights.

A blood related aunt has no rights against the child’s biological father to pursue partial child custody or visitation without a legislative pronouncement to the opposite. A blood related aunt will have standing to pursue custody in the case that the aunt pursues dependency proceedings, and the biological parents’ custody rights are overcome by way of the court proceedings, or in the case that the aunt has stood in.

If a parent has passes and two 3rd parties seek visitation, such as, a cousin to the parent and the parent’s mother, the cousin may appropriately be granted the ability to pursue visitation with the child if the cousin has displayed a sincere and continuous interest in the child and the child’s well being. In the case that two parents have passed, as between an uncle, aunt and a sister, the trial court has the ability find that the greatest interest of the child is served by giving child custody to her aunt and uncle, in agreement with the testamentary guardianship appointment of the child’s single living parent, since there is a rebuttable presumption that is in favor of the testamentary appointment.

The Domestic Relations Code provides great-grandparents with the right of action for partial custody or visitation under certain circumstances.