How To Win Third Party Custody In Mississippi

Sometimes children are put in the unfortunate scenario of having two parents who are unable to care for them properly. Fortunately, Mississippi recognizes this injustice and safeguards children by offering the opportunity of third party custody with state guidelines on care requirements that provide a way for a third party to gain custody. 

Third party custody is when a non-parent is given custody over a child. Third party is not to be confused with guardianship. If granted custody, you would have complete decision-making control in the child’s life. 

Courts can be very reluctant to grant third parties custody. If you’re seeking to gain custody of a child as a third party, it’s recommended that you work with an experienced attorney to make the process smoother. 

Jason Campbell is a trusted family law attorney who has represented hundreds of family law cases across Mississippi. Campbell will fight tirelessly to help you try and achieve your desired outcome. Contact Campbell Law today to schedule an initial consultation.

What Does Third Party Custody Mean?

Gaining third party custody rights means taking on all parental rights. When someone gains custody, they become responsible for decisions about the child’s life, such as medical procedures, where they live, religious upbringing, and anything involving their overall safety and well-being.

Taking custody of a child is a big responsibility that shouldn't be taken lightly. Before starting the journey to gain custody, you should discuss all of the responsibilities and the process of gaining custody with an experienced attorney to understand the scope of your decision. 

Third Party Custody vs. Third Party Guardianship

Guardianship or “in loco parentis,” the legal term for someone acting as a parent of the child, is much easier to gain. When guardianship is granted, certain parental rights are given, but they are inferior to the rights natural parents maintain.

Custody, on the other hand, grants complete control to the third party. If custody is granted to a third party, it will either be in place of parental custody or equal to natural parents' rights.

How Can I Get Third Party Custody in Mississippi?

Mississippi courts operate under natural-parent presumption, meaning the court will naturally assume that the child's best interest is to be in the custody of the natural or biological parents over anyone else.

Before a court considers third party custody, the party seeking to gain custody must show clear and convincing evidence that parental custody is not in the child's best interest. Just because a third party is able to prove they can provide the child with better opportunities doesn’t mean it is sufficient grounds for overturning the natural-parent presumption.

To gain third party custody in Mississippi, you must meet the grounds for overturning parental custody. Some common reasons for overturning parental custody include: 

• 
  The parent has abandoned or deserted the child 
• Circumstances threatening the child’s welfare
• Evidence that the child will suffer probable harm in the custody of the natural parent
• Serious physical or psychological harm or substantial likelihood of harm

Proving these situations in court requires a carefully constructed body of evidence. An experienced Mississippi custody attorney may be able to help you identify strong arguments to overturn parental custody and gather evidence to convince the court.

Who Can Get Third Party Custody?

A common misconception around third party custody is the idea that you have to be related to the child in some way. While it is common to see grandparents and other family members taking custody of the child, it’s not necessary for the third party to have a biological connection, and the Mississippi courts understand this. 

Here’s a list of who can be considered for third party custody:

• 
  Close Relatives
• Stepparents
• Same-sex partners
• Live-in significant others that aren’t married to a biological parent
• Close family members, friends, or neighbors
• Adults the child has built a strong bond with and lived with for a long period of time

Contact Campbell Law Today About Third Party Custody

Third party custody can be difficult to gain because the courts try to be as conservative as possible in an effort to protect the children involved. They often favor the idea of putting the child with another family member, but that isn’t always the best-case scenario. Even with proof, it can be hard to prove to the court that third party custody is the better solution. 

Working with a family law attorney like Jason Campbell may help ensure your evidence is substantial enough to be considered seriously by the courts. If you are trying to gain custody as a third party, don’t wait until it’s too late. Contact Campbell Law today, and we’ll be in touch with you within 24 hours.

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