Third-Party Custody
Presenters: Emily K. Cooper and Tracy L. Reid
Cooper & Reid, LLC
Where are the children?
Informal - children living with
grandparents or other relative
households
Formal - juvenile proceedings and foster
care
Statistics
Children not
living with their
parents - MN
Statistics
Racial makeup of third
party
caregivers
Statistics
34% of grandparents live in households
without the parents present;
76% of relatives are under the age of 70;
10% live in poverty
Issues for third-party caregivers
Own child cannot parent
Fear for grandchild
Child support
Coping
Grief, loss, anger, pain, resentment,
stress, insecurity
Issues for third-party caregivers
Who to talk to/where to get help
Tired
Parenting doubts
Different world
Stigma
Social isolation
Attitudes towards third-party
Grandparents - “will I be judged
because my child can’t parent”
“the apple doesn’t fall far from the tree”
Third-party custody - MN Law
De facto custodian (257C)
Interested third party (257C)
Delegation of parental rights
Standby custodian (257B)
Custody consent decree (257C.07)
Adoption
Private CHIPS Petition or Foster Care/Juvenile Proceeding
Guardianship
De Facto Custodian
257C.01, subd 2
Primary caretaker of child
24 months immediately preceding
petition
Child resided with individual
Without parent present
Lack of demonstrated consistent
participation by a parent
De Facto Custodian
Child under 3 years old
6 months or more
Child 3 years or older
One year or more
De Facto Custodian
Burden of proof - 257C.03, subd 6
Clear and convincing evidence (of
factors in 257C.01, subd 2)
Preponderance of the evidence that is
it is in the best interests of child to be
in custody of the de facto custodian
Interested Third Party
257C.01, subd 3
Person who is not a de facto
custodian
Can prove at least one of the factors
in Section 257C.03, subd 7, para (a)
is met.
Not an interested 3rd party if...
Possession of child is through
Custody consent decree (257C.07)
Court order of voluntary placement
(260C-child protection)
Adoption (259)
Interested 3rd-Party
Burden of proof (257C.03, subd 7(a))
Clear and convincing evidence that
parent has abandoned, neglected,
exhibited disregard - child will be
harmed by living with parent; or
Physical or emotional danger to the
child such that placement with third
party takes priority over preserving
parent-child relationship; or
Other extraordinary circumstances.
Interested Third-Party
Lewis-Miller v Ross, 710 NW2d 565
Two step process
1. Do allegations in petition satisfy criteria of 257C.03,
subd 7 (a)? Get an evidentiary hearing.
2. At evidentiary hearing, party seeking custody must
prove best interests by preponderance of the evidence
and one of the three child-endangerment factors by clear
and convincing evidence.
Procedure
For de facto and interested third-party
custody matters
Summons and Petition
Personal Service
Hearing
Delegation of Parental Rights
Minn. Stat. 524.5-211
Simple form
Up to one year (temporary)
Can be revoked
Does not include consent for adoption or
marriage of child
Standby Custodian (257B)
Custodian in event of parent’s
incapacity, death, debilitation or consent
of parent
Requires notice to (and possibly
approval of) other parent, if known
Takes effect upon a “triggering event”
Statute also allows for “temporary
custodian” designation for up to 24
months
Custody Consent Decree
Minn. Stat. 257C.07
Parent can transfer custody to another
person
Court can approve if the transfer is in
the best interests of child and all parties
consent and understand
Adoption
Complete transfer of parental rights and
responsibilities.
CHIPS Petitions
Private or commenced by county/state
Usually involves child protection and
can involve placement of child in foster
care
For 3rd-party caregivers, private CHIPS
action or report of concerns about child
to social services may be best course of
action
CHIPS Petition cont.
Relative caregiver of child can be
designated a foster care once social
services involved.
Eligible for foster care payments
If relative, eligible for Relative
Custody Assistance (RCA funds)
Must accept transfer of permanent legal
and physical custody to relative rather
than termination of parental rights.
TPLPC advantages
Birth parent does not lose all legal rights
Child support order continues
Birth parent can access information
Birth parent can petition to regain
custody
Inheritance through birth family
TPLPC advantages
Relative can obtain TANF (temp.
assistance for needy families) grants
Relative custody assistance
Medical assistance for child
Guardianship
Minn. Stat. 524.05-201-211
Can become guardian through parental
appointment, designation as standby
guardian through 257B, upon
appointment by court or by delegation.
Continues until terminated
Organizations
MN Kinship Caregivers Association
Grandkidsandme
Raising Our Children’s Kids
MN Dept of Human Services
Presenters
Emily K. Cooper - (612) 568-4529
Tracy L. Reid - (612) 568-5529