Nonparent vs Parent Consent Custody Orders

Published for On the Civil Side on May 22, 2015.

Is a consent custody order void if it is entered in a case between a nonparent and a parent and the consent order does not include the conclusion that the parent has waived his or her constitutional right to exclusive, care, custody and control of the child?

I don’t think so. Most existing case law indicates that such consent orders are valid. And that makes sense because constitutional rights generally can be waived voluntarily. If a parent is willing to consent to a court order without the findings and conclusions, then it simply is a waiver of that parent’s constitutional protections. The subject matter jurisdiction of the court is not implicated.

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