Under what circumstance can custody be awarded to a third party in some states?

Custody may be awarded to a third party in situations where extraordinary circumstances exist, as recognized by various state laws. This standard acknowledges that the best interests of the child may not be served by placing them solely in the custody of a biological parent.

Extraordinary circumstances typically involve situations where the parent is deemed unfit due to issues such as substance abuse, domestic violence, neglect, or abandonment. In such cases, courts may determine that it is in the child's best interests to be raised by a non-parent, such as a grandparent or other relatives, who can provide a more stable and secure environment. This approach prioritizes the child's welfare over parental rights, sometimes requiring a demonstration of significant issues that impede the parent's ability to provide appropriate care.

Other factors like parental preferences, the child's age, and the financial status of the parents, while relevant to the overall custody consideration, do not independently justify awarding custody to a third party. Those factors may influence the court's decision-making process but do not reach the threshold of indicating that extraordinary circumstances exist, which is the critical standard for such custody awards.