Who is a Child's Custodian?
Have you ever gone to fill out a form for a child and read "'Child's Parent or Guardian" and wondered who would qualify as the child's guardian? Being the custodian of a child is not the same as being a child's guardian, but it can, and often is, the first step to being appointed a guardian.
Idaho De Facto Custodian Act
Idaho law basically says that if you are related to a child (by three degrees of kinship) and have cared for that child for a certain period of time, both financially and physically, without parental consent or demonstrated participation of the parent, you are in fact the custodian of the child. The time period differs depending upon the age of the child. If the child is under 3 years of age and you have cared for them for 6 months, you are the de facto custodian. If the child is 3 or older then that time is extended to 1 year of care.
What is "Demonstrated Lack of Participation"
As a Boise Family Law Lawyer I hear this question a lot. It usually comes in the context of a grandparent wanting to seek custody or guardianship of their grandchild. It means a parent fails or refuses to provide and care for their child as required by law. An extreme example, but sadly one I hear often as a Boise Divorce Attorney, is a parent on meth. People on meth cannot care for themselves, let alone children. They often will be high for days and not even take care of themselves. Another sad example is when a parent decides they no longer want to care for a child. This demonstrated lack of participation is grounds for allowing someone who actually cares for the child to be in the position of legally providing for them.
Ramifications of De Facto Custodian
Being a De Facto Custodian provides the child's caregiver with the ability to enroll a child in school, take them to the doctor and gives them grounds for pursuing a guardianship of the child. The Boise School System will not allow a child to be enrolled just by anyone. Likewise, a pediatrician's office will not allow just anyone to bring a child in and will not allow information to be given to someone who has not been designated by the parent to receive the information. If you are a custodian, you are one step closer to being able to stand in the place of the parent.
Guardianship is one ramification of being the custodian of a child. If you can show you are the de facto custodian and that the parent has no, or only negative involvement, in the child's life, the court is very likely to find in favor of you as the guardian.
What's the Difference Between Custodian and Grandparent's Rights?
Grandparent's rights refers to a factor of stability for children. Allowing a grandparent's the right to visit with their child has been a major point of contention. If, however, you are a grandparent that has had regular and frequent contact with your grandchild and have been a part of that child's whole life, a court may consider the possibility of granting you visitation pursuant to divorce or other custody arrangement. A custodian, however, refers to when the child has been left in your care, whether it was intentionally or negligently.
If you are in the care of a child and need to pursue a guardianship, or adoption and want to speak with a Boise Family Law Attorney, please give us a call, (208) 472-2384 and see what we can do for you.
