Should I hire a lawyer for grandparents custody issues?

Many grandparents who find themselves in situations where they are seeking custody of their grandchildren wonder if they should hire an attorney.

Although you will find a lot of information about how to select and obtain an attorney in my book No Greater Loss I can give you some general observations here. The first question you must ask when considering filing for custody of your grandchildren is what is at stake? Once you decide on the importance of your efforts that should help you decide whether to hire an attorney.

Though there are no hard and fast rules about hiring an attorney, the following general rules will likely apply to your case if you have decided to apply for custody of your grandchild:

If your case is going to be contested, that is if another party has or seeking custody (most likely one or both of your grandchild’s parents) then you will likely need to hire an attorney. This is an absolute in cases where you are charging parental abuse or neglect, and likely the best decision in any case where your attempt to gain custody will be contested by a third-party.

If your case is not going to be contested, that is in the case that the child’s parent(s) are absent due to being deceased, incarcerated, or totally absent from your grandchild’s life you will need to use your best judgment as to whether to hire an attorney because one may or not be needed. Attorneys can still be extremely helpful to you even in these cases through familiarity with the system and being alert to how the state courts function where your child resides.

When you consider how many children are thrown by the courts into state or foster care with those who are not familiar to them, it may pay you to ask, “what are the alternatives to my gaining custody?”

In general, in most cases where you as the grandparent are seeking custody you will want to hire an attorney to represent you in court. That does not mean an attorney will do all the work for you, as it is of vital importance that you know these issues with familiarity when seeking custody and can aid your attorney in many ways, often lessening the financial impact on yourself.

It is also very possible that after reviewing this information you may wish to consult with an attorney before making the final decision on whether or not to apply for custody of your grandchild. Often this is the best course of action if you decide your case merits consideration for custody. Even if you ultimately decide against seeking custody, an attorney can help you with areas such as visitation or mediation.

Much more information on obtaining and working with an attorney can be found in the How to Hire an Attorney chapter of my book No Greater Loss.