For a variety of reasons, it may be best for an extended family member to obtain custody over a minor child, whether that be in concurrence with the child’s parent or parents or not. Two types of custody arrangements that are used to care for a child are temporary custody and concurrent custody.
Temporary custody is an arrangement designed to be used to give custody to a relative or third party other than the parents over a minor child during a period of time when the parents are unable to safely care for the child. Temporary custody can provide stability for a child while their parents address the issues that make them unsafe caregivers. For temporary custody, parents can agree to this change, but parents’ approval is not necessary for the arrangement; an extended family member can petition the court without parental consent. The person (or persons) granted this temporary custody can make day-to-day decisions regarding the child’s welfare, authorize medical treatment, and enroll the child in school. Essentially, the temporary custodians have all the same rights as the legal parents, whose rights are not terminated by this arrangement. However, the legal parents no longer have the rights of custody, unless the order provides for time-sharing. The temporary custodians may ask for and be awarded child support from the legal parents.
Concurrent custody, however, is an arrangement in which a third party or extended family member shares custody and decision-making responsibilities with the child’s parents. Concurrent custody rarely takes place without the consent of the parents.
Both Temporary and Concurrent Custody arrangements terminate when a child turns 18, or can be terminated by the Court upon either the agreement of the parents and custodians, or by the Court after a hearing to determine whether the termination of the Custody by Extended Family Member is in the child’s best interest.
