Third-party custody is most commonly awarded to grandparents who are caring for a child because the natural parents are unable to do so. However, third-party custodians can be any person or persons the court deems appropriate to care for the child. There is no requirement that the person be related to the child. 

The court may award third-party custodians the same rights awarded to parents, which includes sole legal custody and sole physical custody, as well as joint legal custody or joint physical custody with a parent. An award for third-party custody may be modified in the future by either parent or by the third-party custodians. The standard for modifying third-party custody is the same as in a divorce case or a child custody case, requiring proof of a change of circumstances and that the modification is in the child’s best interests.

The standard for a guardianship case is higher than in a third-party custody case. A guardianship requires that the court find the each parent is “unfit, unsuitable, and unable to care for the child.” Further, in a guardianship case, the court cannot award guardianship to someone solely based on the fact that the welfare of the child requires and it is in the child’s best interests. In a guardianship case, if granted, the parents do not have any legal custody or physical custody rights. However, the court can order visitation to parents. Guardianship cases are also handled in probate court instead of family court. To learn more about guardianship cases, go here.

Third-party custody cases and guardianship cases stem from one or both parents being unable to care for the child. Grandparent visitation cases arise when a grandparent is being denied visitation by fit parents. The standard of proof for grandparent visitation is lower than in third-party custody or guardianship cases. The standard requires a grandparent show that there has been a three-month period of time that the parents have denied the grandparent time with the child. The court can only award a limited amount of visitation in grandparent visitation cases. To learn more about guardianship cases, go here.