Maryland Third Party Custody Attorney

Every parent has a right to control the upbringing of their children, which includes controlling who has access to their children. The law assumes that a parent knows what is right for their child and can make decisions in the child’s best interest.

Unless a parent is unable to take care of their child, they have the right to make decisions about the care, custody, and control of their child. Children can benefit from having a support system that includes their parents as well as a wide circle of third parties.

However, when relationships between parents and third parties strain, any relationship with the child is often affected. If you are a third party trying to get custody and visitation rights for a child, you should speak to a third party custody lawyer who can advise you about your rights and the legal process to do so. Our skilled family law attorneys are committed to securing the best possible outcome for your third party custody arrangement.

Contact our Maryland family law attorney at Shah & Kishore for more information.

How Can Shah & Kishore Help Your Case?

  • Shah & Kishore is a firm of experienced and aggressive family lawyers serving clients in Montgomery County, Maryland.
  • Our success rate has been extremely good. Our clients are extremely happy with our firm’s ability to resolve cases without going to litigation.
  • Our partner, attorney Rahul Kishore, is trained as a mediator and is able to handle high conflict custody disputes.
  • While we are an an experienced and aggressive family law litigator, we pursue an amicable resolution first. We firmly believe that keeping the family structure as intact as possible after a separation is best for everyone.

If you need the support and assistance of a compassionate team of family law attorney in Montgomery County, Maryland, call Shah & Kishore at (301) 315-0001. We offer a free consultation and we get back to you as soon as possible. We also offer a military discount for those who are in the military.

Who Is a Third Party In a Child Custody Case?

Any person who is not a biological or adoptive parent is a third party, according to the law. Third parties include:

  • Grandparents
  • Siblings
  • Aunts and Uncles
  • Cousins
  • Stepparents
  • Godparents

How Does the Court Decide Custody Rights for Third Parties?

Deciding whether to grand custody or visitation rights to a third party involves a three-part exercise.

  • The court starts by making a determination about the parent’s fitness as a parent.
  • If the court finds that the parent is a “fit parent” then the next step is to consider the existence of exceptional circumstances in favor of the third party.
  • Finally, the court decides what is in the best interest of the child.

Factors that Determine the Existence of Exceptional Circumstances

For a court to make a finding that exceptional circumstances warrant granting custody or visitation rights to a third party, they examine the following factors:

  • The length of time the child has been away from their biological parents;
  • The age of the child when the third party assumed care of the child;
  • The period of time which elapsed before the parent sought to reclaim the child;
  • The possible emotional effect on the child;
  • The intensity and genuineness of the parent’s desire to have the child;
  • The nature and strength of ties between the child and the third party; and
  • The stability and certainty as to the child’s future in the custody of the parent.

How Do I Legally Request Third Party Custody and Visitation?

A third party seeking custody or visitation rights must petition the court and demonstrate that either the parents of the child are unfit or that there are exceptional circumstances that warrant granting the third party those rights.

This is not an easy task to accomplish. An experienced Maryland child custody attorney who knows the law, can best advise you on what you will need to persuade the courts in your circumstances. 

An experienced third party custody lawyer knows what types of evidence will be persuasive and can help you put together a strong case backed by compelling evidence. 

Get Help from an Experienced Maryland Third Party Custody Lawyer

If you have questions about your third party custody and visitation rights or need to file for a third party custody arrangement, call Shah & Kishore at (301) 315-0001 to speak to our Maryland third party custody lawyer. The attorneys at Shah & Kishore will work to secure the best possible results for your third party custody case. You can also contact us online to schedule your free consultation.

Our essential business is open during the pandemic Close