Will a Court Ever Give Custody to a Relative Instead of a Parent?

One of the greatest sources of stress regarding a divorce relates to child custody issues. Parents usually want to have as much time as possible with their children, and fight hard to obtain as much custody time as the court will allow. However, there are some unfortunate circumstances under which a parent would have a child taken from their custody, either physically or legally. Understanding your legal rights regarding your children is paramount to determining how best to handle your child custody situation, and that your legal rights are protected.

CHILD CUSTODY

The court will not make the determination to remove a child from the custody of both parents without serious investigation into the circumstances of the child. Again, the courts attempt to always act in the best interest of the child at all times. The court, or the guardian ad litem, may issue home studies, interview friends and family members, conduct background checks and perform other investigative studies to make a determination regarding where the child would be the safest both physically and emotionally. In many cases, the court will look to a relative of the parent, as the child will likely already have a relationship with them.

While rare, the placement of a child with a relative may become permanent. This may be due to the fact that the parent or parents are not behaving in an appropriate manner in order to provide a safe and healthy environment for the child. However, even in these cases, the court will still attempt to allow the parents the opportunity to develop a meaningful relationship with their children through visitation.

CONTACT AN EXPERIENCED FAMILY LAW ATTORNEY

If you believe the court may grant custody of your child to a relative, contact an experienced family law attorney as soon as possible to help you ensure your parental legal rights are represented in court. The experienced family law attorneys at Otto Family Law, S.C., in Eau Claire, WI at (715) 201-6884 can help you understand your rights, and help ensure that you receive the best possible outcome in your child custody situation.