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January 3, 2011
A grandparent may seek legal custody of their grandchildren for numerous reasons. The simplicity or complexity of this will depend on individual circumstances and whether or not both the parents and grandparents agree 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 other relative must prove to the court that it […]
December 16, 2010
Misunderstanding of the custody rights of grandparents is common, which is why I have tried to focus on explaining those rights and expanding on them in No Greater Loss. Though each is unique, all fifty states have laws regarding the custody rights of grandparents. Custody rights of grandparents may be applicable in cases where a parent or both parents die, or in cases of divorce or separation. Custody rights of grandparents may also apply when the child has lived with […]
November 9, 2010
States generally use one of two standards for determining custody. The courts in many states currently begin any proceedings by looking for the parental preference, meaning that the wishes of the child’s parents will be followed unless there is strongly significant evidence to the court that they should not be respected. The reason for this is that the constitution gives a fit parent the right to determine what is best for the well-being of their child. Generally a grandparent then […]
October 31, 2010
The rise in grandparents custody today can be attributed to many things, especially the percentage of marriages that end in divorce. You can add to that parental problems with drugs and alcohol, financial issues, criminal issues, and the premature death of parents. In these tough times many things can cause grandparents to have to take responsibility for their grandchildren. There is a lot of happiness that comes along with raising grandchildren, but there are also many problems that can come […]
October 17, 2010
If you are a grandparents who is actually providing primary care for your grandchildren you may need to take affirmative steps to protect your grandparents rights in the case that your grandchildren’s parents later come back and wish to assert their own custody or wishes. This can often be done by obtaining legal guardianship over the grandchildren, or by actually obtaining an order of custody. However you need to know the laws of custody and of your state to do […]
September 23, 2010
I have just published the definitive volume on Grandparents Rights today. My new book No Greater Loss: The Guidebook to Today’s Grandparents Rights is now available in print. It contains everything you need to know about Grandparents Rights regarding visitation, custody, guardianship and much more. I have written this book to help bridge the gap between Logic and Law. Grandparents have provided and still provide so much caring continuity in our extended families…and yet there is a danger that these […]
August 11, 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 […]
August 1, 2010
Situations in which grandparents raise their grandchildren are certainly not new, but the cases of this happening have been skyrocketing over the last decade. Studies are long overdue as to the number of grandparents in the country who are raising their grandchildren. State and Federal Government agencies that are responsible for gathering such family data need to address this issue. The number of grandparents raising their grandchildren has rapidly increased. With this increase some grandparents are finding themselves overwhelmed. Whole […]
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 […]