The legal issues surrounding grandparents rights and custody

Many different reasons or circumstances can compel a grandparent to look into grandparents rights issues with their grandchildren. Considering today’s high divorce rates, teen pregnancy issues, drug problems, abandonment, abuse and sometimes the death of a parent or parents, many grandparents feel the need to step up and help out.

Grandparents rights is a difficult legal matter, though, and often it’s hard to know where to start or get help. I discuss all of these issues in detail in my book No Greater Loss.

Sometimes the parent or parents of the child are in agreement and believe that the child should be placed in the grandparent’s care. However, without a formal court order it can be hard for the grandparent to approve medical care or even sign the child up for school. Not to mention that without a legal document, the parent can come back at any time to claim the child. There are not any automatic laws that give grandparents rights to the grandchild. It is in everyone’s best interest to get a court order if the grandparent is to raise the child.

Grandparents custody is awarded only by the courts and has to be petitioned for. If the parent or parents are in agreement, then it can just be a matter of paperwork. If there is not an agreement, then the grandparent will have to prove that it is in the best interest of the child for them to be removed from the custody of the parent and placed in the grandparent’s custody.

If there is a suspicion of neglect or abuse, then this needs to be reported to the Department of Social Services in your area. This kind of reporting and subsequent investigation by the Social Services department is the kind of record and documentation that will help. Any other issues will also need to be documented for use as proof in a court hearing that the child should be in the grandparent’s custody and not with the parents.

Courts will also take a look at the age, health and the ability of the grandparents to care for the children. For grandparents as parents health is more of a concern than age, but the court does not take custody issues lightly and will look at different factors. They will also take the length of time that the children have already been living with the grandparent into consideration. If it has been for quite a long time, then the grandparent’s rights have more weight and it is unlikely that the court would deny custody.

Custody is not like adoption, however, and the legal ties of a parent are not really severed with a custody order as they are in an adoption. Custody can be awarded to grandparents and then the order can be reversed at a later time when circumstances improve or change. In most cases grandparent’s rights are best represented by legal counsel and it is best to hire an attorney that can help present the case in court.