Grandparents rights and custody

Some grandparents may be surprised to know that they can actually be awarded legal custody of their grandchildren, but that does happen in some cases. Usually you see this situation in the event that neither of a child’s parents can provide them a safe and adequate home.

Many grandparents know that after the Troxell Supreme Court decision in 2000 grandparents suffered a set-back in regards to what their grandparents rights were. However, this decision did not eliminate the idea of grandparents rights or custody at all. It simply meant that in cases of custody grandparents can only be awarded their rights when neither parent can present anything like a decent home.

This can occur when there are legitimate concerns about safety due to known instances of drug use or child abuse or extreme poverty. It can also occur after the death of a child’s parent(s) or if a parent has to go to jail.

It is important to remember that in any case a grandparent has the responsibility in these situations to identify themselves as a potential custodial parent and to go to the courts and follow up on this to obtain their proper grandparents rights. In some situations, parents might concede to a grandparents wishes for custody, but those situations may also need to be taken to the courts.

If grandparents can prove to the courts that their home offers adequate resources for raising a child then they will be strongly considered. Overall, grandparent custody is a generally preferred alternative in most every state to foster care.

The bottom line is that grandparents do still have rights and do receive consideration when it comes to custody and their grandchildren. The courts do recognize them as an integral part of the family support system. The key however is for grandparent’s to make their wishes known and get involved with custody process.

The Custody Center is a wonderful, updated resource for  finding out just how and when to exercise your grandparent rights regarding custody.

NEIL