Is it possible for a third party to obtain custodial rights over a child of a couple obtaining a divorce?
Usually, one or both of the parents partaking in a legal divorce are granted custodial rights over the child, or children involved in the matter. However, there are situations whereby a third party, whether it is grandparents, extended family, or close friends, are able to obtain custodial rights of the children.
According to the provisions outlined in the Children’s Law Reform Act, a non-parent may apply for the custodial rights over a child, or children, only if they possess specific qualifications.
There are specific requirements and documentation that is requested from the a non-parents of a children, or children, requesting custodial rights under the Children’s Law Reform Act. These requirements include, but are not limited to:
- The results of a recent police records check; and,
- Reports from any Children’s Aid Societies.
For more information on third party applications for custodial rights, contact Krol & Krol at 905.707.3370.
