11.02.355 Third Party Custody by Consent

(a) An adult who has an established, substantial, familial relationship with the child, may petition the court with the consent of the parents to establish a third-party custody order.

(b) Once the petition is filed the Court shall cause a summons to be issued to the parties. The return date of the petition shall be no later than thirty (30) days from the filing. The Petitioner shall serve the parents with the summons and petition according to the Saint Regis Mohawk Tribe's Rules of Civil Procedure with proof of service to be filed in accordance with such rules.

(c) On the return date, the Court may approve the Petition if each parent consents and the Court finds after taking testimony that the third party is appropriate and has an established familial connection with the child. If the Court finds the third party is not appropriate, the Court may refer the matter as it sees fit.

(d) To modify or terminate such an order, a parent may file to revoke the order at any time, but the parent must revoke it in front of the Judge and the Court must find it is in the child's best interest to revoke such order or refer the matter as it sees fit.