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July 16, 2010
Under very specific circumstances grandparents CAN be granted custody rights of their grandchildren. When one parent is deceased the other surviving parent typically obtains custody of the child as long as they are seen as fit by the court. This is a very hard standard to overcome, although obviously in some instances including jailed parents, drug use, child abuse, abject poverty or other social ills the courts can decide to give custody to another party, including a grandparent. If both […]
June 15, 2010
Some states allow grandparents guardianship, which is a category between grandparents visitation and grandparents custody. Guardianship has the same effect as providing parental authority to a grandparent (or in some cases another third party). Generally, guardianship is less permanent than custody. 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 […]
June 1, 2010
If grandparents can prove to the courts that their home offers adequate resources for raising a child then they will be strongly considered. Overall, grandparent custody is a generally preferred alternative in most every state to foster care. The bottom line is that grandparents do have rights when it comes to custody and their grandchildren. The courts recognize them as an integral part of the family support system. The key however is for grandparent’s to make their wishes known and […]
May 24, 2010
Many people do not recognize that grandparents can actually be awarded legal custody of their grandchildren, but that is actually the case in some events. This scenario tends to happen when neither parent can provide a healthy and sufficient home to raise their children. It also can occur when there are legitimate concerns about safety due to known instances of drug use or child abuse. It is important to remember that the grandparent does have the responsibility in these cases […]
May 21, 2010
The legal controversy pertaining to grandparents rights is relatively new and filled with uncertain case law. Unfortunately for grandparents, the law is often not on their side and grandparents may have little opportunity to protest. In some states this is more true than others. In some states grandparents can institute a court proceeding to seek to obtain visitation with their minor grandchildren. But grandparents need to overcome the public policy precedent of allowing parents to raise their children as the parent or parents […]
May 20, 2010
It is true that a grandparent may seek legal custody of their grandchildren for numerous reasons. How simple or complex this is will depend on individual circumstances and whether or not both the parents and grandparents are in agreement that the children should be in the custody of the grandparents. Legal custody is awarded by the courts and is not merely a written agreement between two parties. If both parties are not in agreement, the grandparent or must prove to […]
May 16, 2010
Grandparents’ rights refer to rights grandparents possess to see and have contact with their grandchildren, usually after something like a divorce or other split in a family unit has occurred. While the rights of custodial parents are often considered of foremost importance, in some jurisdictions courts may allow visitation or access to grandchildren that is actually against the wishes of custodial parents. Grandparents may be successful in gaining access to their grandchildren if the grandparents can build a strong and […]
May 15, 2010
Grandparents who are having questions about their grandparents rights in disputes involving their grandchildren should know that even though they are not the biological parent of the grandchild, they still have rights. In the case of an impending divorce the child is not just being separated from one of his parents but from his grandparents as well. No matter what state you are in, family courts will try their hardest to keep the divorce from affecting the child as much […]