Understanding Third-Party Custody in Minnesota

Typical third-party custody cases occur when a minor child has lived primarily with another person who is not their parent. Such cases involve a grandparent or step-parent who has taken care of the minor child consistently for a period of at least two years without a parent’s involvement in the daily care of the minor child. This happens when a parent has demonstrated an inability to provide consistent care of the minor child such that the minor child depends on the third-party individual to meet their needs and safety.

In these cases, a grandparent could file for third-party custody in Minnesota under Minn. Stat. §257C, arguing:

• The child has lived with them for a significant period of time,

• Exceptional circumstances exist due to the parents’ inability to provide care, and

• That is in the best interests of the child for the third-party to have legal and physical custody of the minor child.

If granted, the third-party individual would have legal decision-making authority regarding the child’s education, medical care, and daily needs. The minor child’s parent or parents may still maintain parenting time depending on the circumstances.

Requirement to File For Third-Party Custody in Minnesota

No one can arbitrarily file for third-party custody of a minor child in Minnesota. The individual requesting third-party custody must demonstrate they are either a “De Facto Custodian” of the minor child or an “interested person”.

A De Facto Custodian is someone who has been the child’s primary caretaker for at least two years (24 months) immediately preceding the filing of the request for third-party custody without a parent of the minor child present and lack of consistent parenting for a period of months or years depending on the age of the minor child generally.

An Interested Party is someone who can show by clear and convincing evidence that the parent abandoned/neglected/disregarded the minor child such that the child is harmed by being with the parent, placement of the child with the interested party takes priority over the parent-child relationship due to physical or emotional danger to the minor child, or other extraordinary circumstances, generally.

What is Considered in Third-Party Custody Cases

Minnesota prioritizes the best interests of the child standards when ordering third-party custody to non-parents. These best interests of the child standards are not the same as those listed in child custody or parenting time matters between parents. Instead, Minnesota Courts take into consideration the wishes of the parties involved, child’s preference (assuming the child is of reasonable age to express their preference), the child’s primary care-taker, the relationship of the child with the parties involved, interrelationship with the minor child and other siblings or other individuals involved, the child’s adjustment to changes (generally), length of time the child has been in a stable environment to promote continuity, permanence of the family unit, mental and physical health of each individual, capacity to provide emotional support and care generally for the minor child, cultural background, effect on the child of an abusive family member or individual.

Protecting Your Rights and the Child’s Best Interests

At the Law Office of Tiffany Dust, we understand how emotionally challenging third-party custody cases can be whether you are requesting third-party custody or defending against it. Please contact us today to schedule a consultation to determine your rights, best strategy, and whether other options exist in your matter.