Although 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 is 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.
Make sure you check out No Greater Loss for the full insight into finding the right attorney for your grandparents rights situation.
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