Parents have the legal right to enjoy the custody of their own children unless sufficient reasons exist to deny them this constitutionally protected right. If clear and convincing evidence suggests the parents of the minor child are either unfit or acting inconsistent with their parental rights, a third party may be granted custody to protect the children’s best interests. Even if a parent is found to be fit and proper, the court may find he or she has engaged in conduct inconsistent with parental status through clear and convincing evidence.
In an initial custody proceeding, absent a finding that parents are either unfit or have neglected the welfare of their children, the constitutionally protected right of care, custody, and control given to parents must prevail over the custody claims of third parties. In other words, unless a parent is found to be acting in such a way that the court feels comfortable revoking their parental status, a third party should not be granted custody. Such behaviors include abuse, neglect, and abandonment. Other types of conduct will be examined by the court on a case-by-case basis to determine whether it rises to the level of behaving inconsistently with the parental status.
If you have questions about third party custody, contact our Greensboro Family Lawyers. Our Greensboro Divorce Lawyers and Greensboro Custody Lawyers can walk you through your options. Call us for a consultation today!