Dependent and Neglected Child to Remain in Related Caregiver’s Custody if in Best Interest of Child

Checkout our iOS App for a better way to browser and research.

If the court finds that a child is dependent and neglected as defined in §37-1-102(b)(13)(J), the court shall order the child to remain in the related caregiver's custody if such an arrangement is in the best interest of the child. Any future order for modification or termination of the related caregiver's custody brought by the child's parent shall be based on a finding, by a preponderance of the evidence, that there has been a material change in circumstances. When making such a determination, the court may consider whether the child's parent is currently able and willing to care for the child or that the related caregiver is unable to continue to care for the child.


Download our app to see the most-to-date content.