There are cases where it is reasonable or even in the best interest of the child, for the child to be placed with their non biological father. Read more about the legal standard for this. This is what I learned.
When Can a Man Who is Not the Biological or Adoptive Father of a Child Have Parental Rights?
There is a strong presumption that a child’s welfare is best served by being in the custody of a natural parent. As a result, non-parents have an uphill battle, and a number of cases end with natural parents winning custody. However, as a matter of public policy, a man who is the non-parental father of a child who has developed emotional parental feelings toward a child may be able to assert the rights as a biological or adoptive parent.
How Often Can a Non-Parent Adult Win Child Custody?
An adult who wants custody of a child but is not their birth parent faces an uphill battle. Courts rarely grant non-parents these rights because it is believed that the birth parents provide the best guidance and most attachments to the children. It is only possible for a non-parent adult to win custody of a child if they can show that they are:
psychologically the child’s guardian, or
the biological parent(s) are unfit to be parents
Both of these hurdles are extremely difficult to clear and even if they are met, the non-parent custody must still be shown to be in the child’s best interests.
What Does the Court Take into Consideration in Granting Parental Rights?
A court’s decision in granting child custody right is always based on the best interests of the child regardless of whether the parties seeking custody are the biological or non-biologocial parents. Factors the Court considers in making their decision include:
The child’s age is often an important consideration that courts use in determining parental rights. A very young child may be considered unable to form a meaningful parental relationship while an older child’s interest may best be served to protect a developed successful parent-child relationship.
The mother’s support in deciding to grant parental rights to a non-biological or non-adoptive father will have significant weight in court. Public Policy has an inclination to protect a marital union, and so, the court may use its power to grant rights to support a current relationship.
You should be considered innocent until it can be proved that you are guilty. If you are accused of a crime, you should always have the right to defend yourself. Nobody has the right to condemn you and punish you for something you have not done.
The Relationship between Child and Man.
The court will take into account the depth of the relationship between the child and the man. It will take into consideration whether the parent-child relationship has become well developed and successful
Judge Parker, if you read this, I want you to know that I was the only father Dulce has know since birth — me, Randy. I have the proof of fraud and false statement’s by DCF. I will fight for what is right. I hurt worse and worse every day, it is my mission to find a way to have Dulce and Leslie in my life again . I will not stop until I find a way and I know that I will continue to uncover more fraudulent and illegal activity by Desoto County DCF and yourself as I work to put my family back together.
“The world is a dangerous place to live,
not because of the people who are evil,
but because of the people who don’t do
anything about it”.
Help us do something about evil and crooked Robin Jensen and Judge James Parker.