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 is in the best interest of the child or children to be raised by someone other than the parent.
If neglect or abuse of a child is suspected, it should be reported to the Department of Social Services. It is also important to record and document any reasons why a child should be removed from the custody of his or her parents. This is not a decision that a court makes lightly and supporting evidence must be presented by a relative when seeking custody of a child.
When a person or couple becomes the custodian of a child, this does not legally sever other family relationships as in the case of adoption and may be reversed at a later time when circumstances change.
When seeking custody of a grandchild, the safest way is of course to hire an attorney to do the work for you. There will be plenty for you to do in assisting your attorney. If you can not afford an attorney and are obtaining the forms and filing them yourself, do your homework and know what you are doing.
To find out more about these issues and exactly how grandparents custody applies to you check out my book No Greater Loss.
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