Grandparents Rights Custody Needs Legal Guidance
Posted on January 27, 2009
Filed Under child custody, Grandparents Rights | 1 Comment
Similarly to the case with parental rights, grandparents' rights custody differs in all 50 states. The issue of custody rights for grandparents can sometimes occur when either one or both parents come to die. Other cases include divorce or separation of the two parents.
There are also some times when the child has lived with the grandparents for a period of time without any further assistance from either of the parents. Other requirements must also be met in order for there to be a case for legitimate and proper custody.
Grandparents will first need to petition a family law court when they desire to obtain full or partial custody rights for their grandchild. More basically speaking, there are two kinds of custody which apply: which are legal and physical.
Legal custody generally involves the rights of one of the parents to be able to make some major decisions such as health care, education, religion, regarding the child's life. The question of who the child will live with and spend their time with will rather concern physical custody.
Circumstances Possibly Determining Grandparents Rights Custody
In most states of America, the court will automatically be able to grant full custody to either parent of the child. However, there are circumstances when the court may attribute the grandparents with custody rights for the child.
In certain cases, the grandparent might have already assumed their role as the primary parent and caregiver of the child for a year or longer. Other circumstances might include a reasonable cause such as abuse, neglect, substance abuse and mental illness which can significantly impact the parent-child relationship.
The law will then require certain facts to be proven through a family court before the grandparents are given full legal custody over the child, and it will more importantly need to be evidently proven that it is in the best interest of the child for the grandparents to be able to have custody.
The grandparents will first need to display a genuine concern for the care and well-being of the child. Further to that, the relationship between the grandparent and grandchildren will have to be initiated through the consent of a parent or through a previous court order.
Grandparents rights custody may also be sought for partial custody, or visitation rights, just as between two biological parents. When the court will decide to grant partial custody rights to the grandparents, this will give them time to spend with the child without the approval or supervision of the custodial parent.
In general, child visitation rights are not denied to grandparents so that they may spend time with their grandchild under the supervision of an adult, or the custodial parent.
It is therefore recommended to obtain legal assistance if there is a need to file a custody rights petition as a grandparent. This can be a pretty complex process, which is why having a qualified legal expert can sometimes very much help with building a strong case.
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While my single daughter was in jail, I took custody of her two children. My daughter has
been out of jail for over two years now, and
has turned her life around. She is employed
and is taking care of her grandmother. She is
a totally different person.
How can I return custody of her children to
her. The oldest is a senior in High School
and the younger boy is in Middle School.