To find out if your state has the option of granting grandparent guardianship consult The Custody Center.
As always when determining guardianship, the court looks to the best interest of the child. In some instances of guardianship, the parent with custody of the child leave the child with a relative or grandparent indefinitely. The relative or third party is thus left responsible for the child and cannot attain required authority to take care for the child. As a result, the relative or third party will often seek guardianship of the child, so he or she can make important legal, medical and educational decisions for the child while the parent is away and in the best interest of the child.
In other instances, the parent with custody may leave the child with the relative or third party while the parent is unable to care for the child temporarily, such as a parent who is incarcerated, in a rehabilitation facility, etc. In those instances, the relative or third party may seek temporary guardianship of the child. Temporary guardianship allows for the relative or third party to make important legal, medical and educational decisions on behalf of the decisions while the parent is unable to care for the child.
However, guardianship is often more temporary than custody. The court can thus revoke guardianship if the biological parent of the child returns. The courts are reluctant to revoke parental rights unless the parent is unfit or has shown a history of abuse and neglect toward the child.
To find out if grandparents guardianship is an option for the state you live consult The Custody Center.
