WHAT OPTIONS ARE AVAILABLE WHEN A PARENT IS UNABLE TO PARENT TEMPORARILY OR PERMANENTLY?

When a sweet new baby comes into the world, family and friends are all optimistic that the child will be surrounded by love and that the child’s parent(s) will be happy, healthy, and able to provide guidance and support throughout the baby’s childhood.  But what happens when that isn’t the case?  What should you do if a child you love has a parent who can’t parent, either temporarily or permanently?

What Can We Do if the Parent is in Agreement?

Parents have a variety of options to allow for someone else to care for their child on a temporary or permanent basis.  One common solution is a Delegation of Parental Rights, commonly referred to as a DOPA.  A DOPA temporarily allows someone else to make decisions and provide care for the parent’s child.  A parent can revoke a DOPA at any time.  A change in custody is a more permanent solution and, for some families, an adoption is the best fit.

Should I Call the County?

The county is an important safety net for families and can assist a family when a child is in need of services.  The county can identify a child who needs assistance through a mandatory reporter, like a teacher or healthcare professional, or through a report of a concerned person.  If the county determines that a child is in need of services, it can start an action that may include transferring custody of a child.  If the county takes those steps, private options, like asking for custody of the child, may not be possible while the county’s case is pending.  Contacting the county may be the best step, but carefully consider all options before making the call.

Can I Ask for Custody?

If you are a parent of the child, you can ask the Court to establish or modify custody or parenting time.  The Court’s role is to make decisions about what’s in a child’s best interest when parents don’t agree and that can change anytime, so you can ask the Court for help if there is an order in place or by starting a custody and parenting time action.

What if I’m the Child’s Grandparent, not their Parent?

Grandparents can be granted custody of their grandchild in certain circumstances.  And a grandparent who isn’t entitled to custody may be entitled to scheduled time with the child.

What if I’m not the Child’s Grandparent or Parent?

In some circumstances someone other than a parent can ask for custody or time with a child.  If the child has resided with you or there are other special circumstances you may be able to ask for custody of the child. 

What About Adoption?

Adoption is a permanent solution that is the right fit for some families.  Sometimes a family member or friend adopts a child.  Other times a step-parent is able to adopt a child. 

Where Can I Go for Help?

The family law attorneys at Blethen Berens have decades of combined experience helping families.  We can assist in identifying options so you can decide the best next steps.