What is Non-parental Custody?

Non-parental custody (third party custody) is simply defined when the child or children do not remain with either of their natural, biological parents, but rather custody is awarded to a third person.  Usually there are two reasons for this to occur, parents are unavailable or are unfit.  For example, either (a) The biological parents refuse to take custody of their natural children, or are unfit parents due to things like drug use, or (b) the parents are simply incapable of caring for their children because of injury or illness.

The reasons why a court may award custody to a non-parental adult are several.  Among them may be the recognition that abuse has occurred that is caused by, or allowed to occur, by biological parents.  They may be subjected to substance abuse by their parents.  They also may have been deemed to have been abandoned.  The non-parent is often a grandparent, but may be anyone with an interest in the well-being of the children.

There are constitutional presumptions in favor of the biological parent.  For a difficult situation such as this you need aggressive representation on whichever side of the issue you may fall.  If you live in Eastern Washington, contact Spokane child custody attorney Craig Mason today at (509) 443-3681, and find out how he can assist you.