Judge James Parker of Arcadia FL
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?
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