You need to consult with a family law attorney who has experience with in loco parentis and third party rights. At the consult be prepared to discuss the reasons a court order is sought. You will have the burden of proving that it is "significantly determinental to the child to remain or be placed in the care of" his parent. The Court will have to consider a number of factors in deciding on this.
There is another term called grandparent rights. This is when a grandparent seeks a formal court order to allow them to have time with the grandchild. The grandparent does not get custody or primary care of the child using these rights.
I have had experience with both types of matters. Please contact my office if you would like to schedule a consult.
Marie Splees Zawtocki, Zawtocki Law Offices PLLC
Answered on Feb 29th, 2016 at 8:38 AM