Last week’s post touched on “mothering” by folks who may not technically be mothers (or fathers), and how this can give rise to third party actions for custody or visitation of children involved. The alternative custody and visitation area of law is certainly not as clear-cut and established as is the parental custody area. It is good news that parties and potential parties can now seek advice and assistance (including forms) from the Ramsey County Family Court Self-Help Center, but people might still have questions and need more information. What can a person expect in such a court action? What kind of parenting realities does a non-parent seeking custody have to be aware of? Fortunately there are a few resources to help with these informational needs.
- The Kinship Caregivers Legal Steps Manual is published by the Minnesota Kinship Caregivers Association (MKCA). It can be viewed online or purchased in hardcopy. The MKCA Raising Relatives Children webpage also provides much information and direction with third party custody issues. You may also call their Relative Caregiver Warmline at 651-917-4640.
- The Minnesota State Law Library has a LibGuide page dedicated to child custody and parenting time. The Kinship Caregiving tab presents all relevant Minnesota statutes and other helpful tools regarding alternative custody and caregiving in one handy reference page.
- The Minnesota State Bar Association (MSBA) has also published some informative articles on this subject, which can be useful for both caregivers and practitioners. These can be found in the Family Law Forum newsletter database. One such article is “Trying Your First Third Party Custody Case,” which is not only useful for lawyers in knowing what to anticipate, but anyone who is a party to a third party action or are considering bringing one. Another informative article is “Limitations on Grandparent Visitation?,” also from the MSBA Family Law Forum newsletter.
- Finally, a useful chapter on third party and alternative custody is also contained in the Minnesota Child Custody Deskbook (MN-CLE), available for your convenience at the Law Library.
