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Custody of a Child by a 'Non-Parent'

1/22/2016

3 Comments

 
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​By Selim Star

Custody can be awarded to a non-parent, someone who is not the adopted parent nor the natural parent, in certain circumstances. 

In this manner you can be awarded custody of a child that is not your biological child but may be a child of your ex-girlfriend, ex-boyfriend, ex-wife or ex-husband. Even in a situation where someone dropped a child off at your house, you may apply for custody with the court. Or you may be the grandparents of the minor child.

In some circumstances a guardianship or a termination of parental rights action combined with an adoption may be more appropriate. 

Please consult an attorney if you are in this situation as it is extremely difficult and confusing area of the law. 

The Idaho Supreme Court in Stockwell v. Stockwell, 116 Idaho 297, 299 (1989) allowed a nonparent visitation rights and stated: 

The paramount consideration in any dispute involving  the custody and care of a minor child is the child's best interests. I.C. Sec 32-717. In custody disputes between a "non'Parent" (i.e., an individual who is neither legal nor natural parent) and a natural parent, Idaho courts apply a presumption that a natural parent should have custody as opposed to other lineal or collateral relatives or interested parties. This presumption operates to preclude consideration of the best interests of the child unless the nonparent demonstrates either that the natural parent has abandoned the child, that the natural parent is unfit of that the child has been in the nonparent's custody for an appreciable time. 

But see Troxell v. Granville, 530 US 57 (2000) (Which held that the constitution's due process clause allowed natural parents a fundamental right to make decisions regarding their children, that parents decisions should have 'special weight', and that 'special factors' might justify a State trumping a parent's decision)

See also Hernandez v. Hernandez, 151 Idaho 882 (2011) (Which did not overrule Stockwell, but was post Troxel)

3 Comments
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2/19/2018 04:16:22 am

Child custody is very important thing. It can be very hard, but I believe that you can succeed in this. Lots of love.

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3/18/2018 04:47:51 pm

I'm sure you will succeed and everything will be fine, thank you for such a frank post, we believe in you

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1/30/2021 02:07:15 am

Godd bless

Reply



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    Selim Star

    Selim Star is an attorney in Ketchum, Hailey, Sun Valley Idaho area he can be found on google+ and LinkedIn. .219 South River Street, Unit 202
    Hailey, Idaho 83333 
    208.788.9232   
    208.788.9376 (FAX)  
    EMAIL Star Law Office 

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    PLEASE HIRE LEGAL COUNSEL: Limitations, conditions, and disclaimers: the information contained herein is general information only and that no client-lawyer relationship is created through the posting of this information, your information will NOT be kept confidential as it was posted for all people to see. Additionally no legal advice is being given, as  all factual situations are different and only through the careful review of your factual circumstances with an attorney can the correct course of action be determined. 


    PLEASE CHECK IF LAW IS CURRENT: The law changes quickly please do your research and contact an attorney to ensure that you have the current law. The law as printed here may have changed since posting and the links may have changed. 

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