Explaining grandparents custody

There are two principal situations when the custodial rights of grandparents come into play.  One is when the grandparents wants custodial rights over the child’s real or adoptive parents.  The other is when the grandparent wants custody over persons who are not the child’s real or adoptive parents, but who presently have custody.

With high divorce rates, teen pregnancy issues, drug problems, abandonment, abuse and sometimes the death of a parent or parents, many grandparents feel the need to step up and help out. Grandparent’s rights can be tricky, though, and often it’s hard to know where to start or get help.

Sometimes the parent or parents of the child are in agreement and believe that the child should be placed in the grandparent’s care. However, without a formal court order it can be hard for the grandparent to approve medical care or even sign the child up for school. Not to mention that without a legal document, the parent can come back at any time to claim the child. There are not any automatic laws that give grandparents rights to the grandchild. It is in everyone’s best interest to get a court order if the grandparent is to raise the child.

Grandparent’s custody can only be awarded by the courts and has to be petitioned for. If the parent or parents are in agreement, then it can just be a matter of paperwork. If there is not an agreement, then the grandparent will have to prove that it is in the best interest of the child for them to be removed from the custody of the parent and placed in the grandparent’s custody.

If there is a suspicion of neglect or abuse, then this needs to be reported to the Department of Social Services in your area. (It may also be referred to as the Children Youth and Family Division or something similar) This kind of reporting and subsequent investigation by the Social Services department is the kind of record and documentation that will help. Any other issues will also need to be documented for use as proof in a court hearing that the child should be in the grandparent’s custody and not with the parents.

Courts will also take a look at the age, health and the ability of the grandparents to care for the child or children. For grandparents as parents health is more of a concern than age, but the court does not take custody issues lightly and will look at different factors. They will also take the length of time that the children have already been living with the grandparent into consideration. If it has been for quite a long time, then the grandparent’s rights have more weight and it is unlikely that the court would deny custody.

Custody is not like adoption, however, and the legal ties of a parent are not really severed with a custody order as they are in an adoption. Custody can be awarded to grandparents and then the order can be reversed at a later time when circumstances improve or change. Grandparent’s rights are best represented by legal counsel and it is best to hire an attorney that can help present the case in court. While there is information and legal forms available to help, if the grandparent can get a personal attorney that is the best course of action.

Much more information about custody issues and how to go about obtaining grandparents custody is available in my book No Greater Loss.