Can someone other than the parents have physical or legal custody?
Sometimes neither parent can appropriately assume custody of the children — perhaps because of substance abuse, a mental health problem, absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court. A court would rather have a child remain with family members than go with strangers. So if you are in this situation and you don’t want your child to wind up in foster care, speak to relatives who may be willing to assume temporary custody.
Sometimes Neither Parent Can Suitably Assume Custody Of The Children, Perhaps Because Of A Substance Abuse Or Mental Health Problem. In These Situations, Others May Assume Temporary Custody Of The Children Under A Court-Ordered Guardianship Or Foster Care Arrangement. 3. What Factors Do Courts Take Into Account When Making Custody And Visitation Decisions? The Court Will Normally Favor The Parent Who Will Best Maintain Stability In The Child’s Surroundings. There Is No Set Standard As To What Constitutes “Stability,” But A Judge Looks For Continuity In A Child’s Life. To The Degree Possible, A Judge Will Try To Maintain A Child’s School, Community And Religious Ties. A Court Gives The “Best Interests” Of The Child The Highest Priority.
