Third-Party Custody Options in Minnesota

If you are considering seeking the legal right to raise a non-biological child, it is important to have the assistance of a knowledgeable family law attorney. There are several legal considerations in third-party custody options.

In Minnesota, there are several methods for a third party to obtain custody rights. They include:

  • Delegation of powers by parent or guardian. A child’s parent, legal custodian or guardian can execute a legal document that temporarily delegates certain powers to a third party, granting the authority to care for and make decisions regarding the child. However, legal custody of the child cannot be delegated and the child’s parents may revoke the delegation at any time.
  • Third-party custody in family court. Third-party custody occurs when someone other than a child’s parent has been granted physical and legal custody of the child by the court.
  • Adoption. Adoption is only appropriate when the adopting party wants complete and permanent responsibility for the child without the threat of legal interference by the child’s biological parents.
  • Appointment of guardian of minor in probate court. A third party can be appointed as the guardian of a minor child. An individual can be appointed as a guardian by accepting a testamentary by parental appointment, by delegation of a standby guardian or upon appointment by the court.
  • Child in need of protection and services in juvenile court. If a child is in danger of harm within the family, the law allows child services to take action to protect the child. This includes obtaining an emergency order to take the child into custody and place the child in temporary foster care.

If you are interested in learning more about third-party custody options, a family law attorney from Appelhof, Pfeifer & Hart, P.A. can provide additional information.

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