Friday, 11 November 2011

Getting Custody of Your Grandchildren - Legal Rights and Procedures

When a couple divorces, considerations are taken to determine the best course of action where child custody is concerned. Oftentimes, grandparents are left out of the equation - they have little, if any, say regarding the welfare of their son's or daughter's grandchildren. In some cases, divorce may put an end to visits altogether, resulting in estrangements that prove difficult to heal as the children grow older. If you are a grandparent worried about the outcome of your child's divorce, and wondering if you will be allowed to see your grandchildren again, know you do have rights. Depending on the situation, you may wish to obtain custody of the children, and that is also possible.
Reasons for Obtaining Custody of Your Grandchildren
Divorce is not the only catalyst that inspires grandparents to seek full or joint custody of minors in the family. Any time the welfare of a child comes into question, a grandparent has the right to offer a stable home and loving environment. Consider the following examples:

  • A parent or both parents are active duty military and stationed overseas.
  • A parent or both parents are incarcerated or admitted to drug rehabilitation.
  • A parent or both parents are experiencing financial problems to due layoffs or medical issues.
There are many reasons why a birth parent may become unable to care for his/her children, leaving the question of custody open. As a grandparent and direct relative, you may be able to petition to have the children released to your custody, either temporarily or permanently. Presently there are three legal options available to you: temporary custody, guardianship, and dependency petitions.
If you know your children are in a situation where they need to place their children in a more stable home environment, you can petition for temporary custodianship. Your child may give consent on the grounds that they are physically or financially unable to take care of the children, or that military duties prevent them from doing so for a period of time. The birth parents may be ordered by a court of law to pay child support in temporary situations, and if you are able to prove neglect or abuse on the part of the parents, you can file a legal option to obtain permanent custody and terminate any legal rights of the birth parents to their children.
Consult with an attorney who handles custody cases to learn more about your rights as a grandparent to see your grandchildren.

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