Skip to main content

How does transfer of custody work from third party intervenor back to unmarried parents ? - Custody consent Decree

Virginia, MN |

All parties were in favor of custody transfer of minor child to maternal grandparents , and voluntarily signed the motion . Judge approved the motion and submitted the order through the court - Maternal grandparents ( intervenor / third - party ) now have sole physical and legal custody . The reason for the transfer of custody was that it was in child best interest as grandparents were stable and financially , and emotionally better able to provide for child . Intervenor are ready to transfer custody back , intervenor believe mother should have sole physical custody and joint legal with father of child , how does this work ? What role does child father play if not petitioner ? What weight do previous custody orders carry ? How is decree modified ? There are concerns w / fathers ability to parent and provide

Attorney Answers 3


Third-party custody arrangements are very difficult situations. I would start with the original third-party custody order and see if transferring custody back to the biological parents is addressed in it. What was agreed to by the parties previously and what the court ordered will both affect any future custody proceedings. I suggest speaking with a lawyer immediately to fully evaluate your situation.

Nothing in this response constitutes legal advice. Doyle Hance, LLC does not represent you nor has Doyle Hance, LLC entered into an attorney-client relationship with you.

Mark as helpful

3 lawyers agree


These situations can be complex. In addition, the custody order should include a trigger condition (or conditions) for restoring custody to the parents. This will have to be a legal proceeding to restore the custody. All of the questions you asked will be fact specific and are the kinds of things that will may need to be argued before a judge. Because of all of these issues, this would be difficult to resolve on an internet forum like this.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Mark as helpful

2 lawyers agree


This is very complicated. The intervenors do not get to simply choose whom to transfer custody back to - basically, the mother is going to have to file a motion to regain custody. The grandparents certainly may support that petition. But, the father will certainly have a say in this as well, and he may agree the mother should have sole physical, or he may not. A detailed parenting time order, child support order, etc. would have to also be entered. You need to retain a family attorney ASAP.

We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.

Mark as helpful

Family law topics

Recommended articles about Family law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics