Non-Parental Custody

In some cases, people other than a child's parents may wish to obtain custody -- including relatives like grandparents, aunts, uncles, and close family friends. Some states label such a situation as "non-parental" or "third-party" custody. (Note: Other states refer to the third-party's goal in these situations as obtaining "guardianship" of the child, rather than custody.)

Whatever the label, most states have specific procedures that must be followed by people seeking non-parental custody. The process usually begins when the person seeking custody files a document called a "non-parental custody petition" (or similarly-titled petition) with the court, which sets out the person's relationship to the child, the status of the child's parents (living, dead, whereabouts unknown), and the reasons the person is seeking (and should be granted) custody. Usually, a copy of this petition must also be delivered to the child's parents, if they are living and their whereabouts are known. See examples of non-parental custody requirements and petitions:

• Custody by Non-Parent (Arizona Legislature)
• Nonparental Custody of a Child (Washington Courts)

Learn more: Guardianship of Children

Grandparents' Rights to Visitation

In addition to seeking custody of children in some situations, grandparents may also wish to enforce their legal right to visitation with their grandchildren, if that right is being interfered with by the child's parent(s), i.e. after a divorce or separation. All 50 states and the District of Columbia have some variation of a law protecting grandparents' right to visitation with their grandchildren.

Learn more: Grandparents' Rights: Custody & Visitation