You could be seeking custody of a grandchild because you feel the child's welfare is threatened. You will be expected to provide categorical proof to the courts and this can be a very difficult process. Only a qualified attorney can assess the merits of your case. Grandparents rights issues are complex and difficult not to mention mentally exhausting.
Many grandparents today are facing the heartbrake of being unable to continue a special relationship with a grandchild because of a change in circumstances in their own childs life. What makes no sense at all to them when they try to research the subject of custody is that every state in the U.S has it's own laws and regulations. Nothing is straightforward and finding out where you stand can be like trying to thread a needle in the dark.
So, the first step, whatever your particular circumstances are is to research and understand the law in your state. General information is not enough and an experienced local attorney should be consulted to help you through this extremely complicated situation.
You could be seeking custody of a grandchild because you feel the child's welfare is threatened. The courts will expect you to provide detailed proof of your claims and this is where the process can be difficult.
What if you feel one of the following situations has arisen:
- The parents are drug or alcohol abusers
- The grandchild is frequently left alone without adequate parental control and care.
- A parent or parents is dealing with mental illness.
- Suspected child abuse by a parent or parents.
It is not as simple as you may see it. To the grandparent it may seem perfectly clear that the court will deem the child is at risk and should therefore come and live with them. But the situation will be assesed on what is in the childs best interest and the following aspects will be taken into account when deciding upon the grandparents rights:
Who The Grandchild Should Live With:
- Just one party i.e. in the grandparent's house only (sole physical)
- Split the living between two parties i.e. with the grandparents and with the biological parents (Joint physical)
The court may decide that this physical custody is not deemed necessary where the grandparent is concerned and may grant legal custody on a joint or sole basis only. Legal custody allows decisions to be made regarding such matters as education, health, religion and day to day activities.
As you can see, nothing is straightforward and grandparents rights are viewed on a case by case basis. The situation can be traumatic for the grandparents and the grandchildren and whatever the outcome there will be pain, upset, distress and even anger for all involved.
Seek skilled legal advice from someone in your locality qualified to handle grandparents rights. The merits of your particular case can only be assessed by a qualified attorney. Grandparents rights issues are complex and difficult not to mention mentally exhausting.
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