If you have legal and physical custody of the child, that child is considered your dependent child. You can claim it as a condition for requests for public support. If you are already receiving benefits, report child custody and your benefits may increase. If you live in Florida, it is the judges who can decide who gets legal custody, physical custody, shared custody or third-party detention. Judges also determine parental duties and that is when third-party custody comes into play when it is necessary. The custody of third parties always takes into account several factors. If you can prove that you are either a de facto administrator or an interested third party, you can take legal action. First, you must file a petition for custody of third parties in a family court in the county where the child lives, or there is a previous custody or divorce case in which the child is involved. If a custody procedure is already underway, you can ask the court for permission to intervene in this case. For more information on Florida`s third-party guardianship, see Chapter 744, Florida Statutes. The Tribunal decides that the relationship between the court, the minor, the guardian and other statutes and rules that describe specific duties and obligations as guardians.
These statutes and rules are in place to protect the welfare of minors. If you are afraid that the parents will come to have the child, and this could be dangerous, ask for a temporary custody injunction at the same time, if you file a third party`s application. This is also called the “ex parte” action. The process of getting one may be different in different counties, so talk to your self-help center or the judicial administration for information. Although Missouri`s status allows a court to enter into a third-party detention agreement, it is not automatic. The law has a penchant for a child to stay with his or her biological parents. In fact, the Constitution protects the parent-child relationship. To overcome this grave presumption, the custodian must prove, by being overweight, that none of the biological parents is capable of serving as a custodian – evidence that requires proof of abuse, negligence or tampering. A simple belief that a third party could do better is not enough to deprive their natural parents of a child. Even if the other party has not responded, you must still go to court to prove that you are either a de facto administrator or an interested third party and that it is in the best interests of the child that the court recognize you with custody. Child care cases are complex and always require the best standard of interest for the child. A competent and competent child advocate can help you defend yourself if your fitness as a parent is called into question.
Of course, the main and most important consideration that a judge considers is what is in the best interests of the child. It can be useful if the child is older and can express his wishes or if the biological parent asks the court for a third party for his child. The judge will also consider the best interests of the child on the basis of the child`s relationship with the third party. Third-party custody is generally considered in emergency situations, for example. B when one or both parents have died, are both unable to act or are both incarcerated. Another example of a situation in which custody of third parties can be granted is that the parent is also a minor. In both guardianship and custody of third parties, the court seeks the best interests of the child. Sometimes this means that the child returns to the custody of one or both of his or her parents. At other times, the child is being held by a guardian or a third party. But the decision will always be made by the court, the best interests of the child being served.