The court will decide whether the children should live with their parents or grandparents. A grandparent’s participation as a parent in their grandchild’s life does not grant them legal custody, care, or control of their grandchild. Child custody determinations will impact the rest of the child’s life, so it is important to consider the long-term effects of any arrangement for the child.
How Can a Grandparent Have Joint Custody With Parents?
Grandparents seeking custody of grandchildren have an uphill battle ahead. Grandparents can petition the court for a child arrangements order or a particular guardianship order if the kid’s parents are still alive. The grandmother would be assigned parental responsibility for the child if these orders were followed.
If you believe you need to file for custody of your grandkids, you should start preparing your case at once. Keep track of when your grandchild is under your care on a calendar. Even if the time is not continuous, it is necessary to demonstrate that you are the child’s primary or frequent caregiver.
Obtain written statements or testimonies from professionals who interact with you as the primary caretaker for the child. This could include the child’s teachers and school professionals and doctors, counselors, and clergy. Supervisors of extracurricular activities your grandchild participates in, such as dance class, scouting, sports, music classes, or any other activity, should be included. A child custody law firm can also help you in these endeavors.
Reasons Why Grandparents Can File for Custody of a Grandchild
In cases where parents cannot care for their children, grandparents may obtain custody of their grandkids. Grandparents can accomplish this by getting temporary or permanent custody, commonly referred to as special or legal guardianship. Grandparents might also choose to adopt their grandkids, and a child custody attorney can help them in these procedures.
This situation usually arises when a child’s parents are:
- Unfit to care for their children
- The child’s parents want grandparents to have custody of their child
- The child is subjected to abuse or neglect at home
- A parent has a mental illness, or
- A parent is addicted to drugs.
If a child’s parent is incarcerated or the child is placed in foster care, grandparents may step in to take temporary legal and physical custody.
When making a decision involving children, the courts will always examine the child’s well-being, and often, the courts will consider the child’s best interest. In some cases, grandparents may be the ideal people awarded custody of their grandchildren.
Why You May Want to Consider a Child Custody Attorney
To convince the court that the child should be put with them, grandparents must generally show that the parent is unfit to care for them. Even if the grandparent-grandchild relationship is strong, it is often difficult for a grandparent to get custody of a grandchild against the parents’ wishes.
Family law concerns are challenging, yet our law firm’s mission is to provide you with peace of mind and protect your interests. If you need aid with family law matters, contact Masterson Law. Masterson Law focuses on family law, including divorce, child custody, mediation, and dispute resolution.
Call our office at 417-522-1280 for a free consultation on your case or email [email protected] for more information.