Every state may differ in evaluating when to enable grandparents to have custody of your grandchild. Parents are presumed to have the right to decide who may have contact or relationship with their child. In that reference, the courts have indicated that grandparents also don’t have a constitutional right to their grandchild.
Besides that, even after having a relationship with the kids, states is hesitant to split the family unit and provide custody to grandparents except if circumstances really justify it. A state can allow a custody arrangement if the mother or father is unable to take care of the child, but then again the court can only do so if it is in the best interest of the child. The court will consider the frequency of contact with the child and evaluate if there is a solid relationship with the child. They will also assess whether this would be in the best interest of the child to continue this relationship.
What it is allowed by the court for grandparents to have the custody of grandchildren?
If you are not able to enter into a cordial agreement with the parents, a court may still not give you the custody request if you are not able to show that the parents seem unable to look after the child.
Typically, the jury will look at how long the parents were unable to look after the child, and if you have been taking care of the child throughout this time. The court may issue a custody arrangement in a lot of situations, including where the following is evident:
- Mental incapacity or serious physical;
- Death or imprisonment;
- Substance abuse
Since the court generally enables custody arrangements only if the parent is unable to look after the child, it is essential that you are also able to show that you can take care of the child.
The court may consider, among other things, your financial and physical capabilities. Is the grandparent mobile and will be able to be present and take part in the life of the child? Do they really have the economic means to afford medical treatment and daily living costs for themselves and the grandchild as well? While there are grants in the event of adoption or guardianship, they are mostly one-time, and the adoption of grandparents aims to identify whether they can contribute to the rising cost of child care. Finally, the court will also take into account how the adoption will have an impact on the child’s connection with other family members.
Different types of custody arrangements
You may apply to the court for legal and physical and legal custody, If you are a grandparent, Physical and legal custody can be broken down in your state in the following manner:
- Foster Care : When mother and father are unable to take care of their child, the state may presume the legal responsibility of a child and temporarily put the child in the foster care system. The foster parents take care of the child’s daily needs. States would then wish to put the child in the household of a close relative in order to sustain a sense of normality for the child.
- Adoption: States are particularly reluctant to effectively destroy the relationship with the child and their biological family. However, if the adoption is permitted, the grandparents would become the legal parents of the child.
- Legal guardianship: Parents continue to hold their rights, but a judicial order or legal document gives you the power to take care of the child.
- Shared Custody: Shared custody works the same way as if two parents were involved. Parental responsibilities are separated between grandparents and parents.
- Power of Attorney: According to an executed power of attorney, you have the power to make appropriate choices about the child. You are restricted to the situations mentioned in the power of attorney and may be revoked at any time by the parent.
- Visitation rights: Your states may grant visitation rights even if other custody arrangements are not allowed. You can start this process by petitioning the court.
Check with a lawyer in your area to find out if you have any or all of these possibilities, provided your situation. Please remember that all of the above are variations in legal and physical custody, but this does not necessarily imply that a grandparent would be granted both legal as well as physical custody. This implies that a grandparent may have physical custody, however, the power of attorney is granted to another grandparent.
Can the adoption of My Grandchild be stopped?
The solution to these problems will rely heavily on your state of affairs. The court may be required to inform you of the grandchild’s delayed adoption and may enable you to object to the adoption of the child. However, if it is in the best interests of the child, the court will generally not reject adoption.
Remember, though adoption may end the child’s formal relationship with their biological parent, it’s doesn’t mean that the grandparent is also removed. Even if they’re not able to directly inherit property (without a will) if the grandparent dies suddenly, the grandparents may even have a relationship with their grandchild with the approval of the adoptive parents.
What happens if I adopt my grandchild?
Once you can determine the facts to show that the parents are not able to take care of the child, you may apply to the court to enable the child to be adopted. The majority of grandparent adoptions is related adoptions and is considered to be open. In the case of open adoption, communication between the child and the parents can be allowed. The level of interaction will be dictated by the circumstances.
Despite these statements, some grandparent adoptions seem to be closed, which implies there is no communication or contact between the child and the parents. Closed adoptions are sometimes permitted when it is necessary to protect the child from harm. If the child’s parent has a history of aggression or cruel treatment, then it is probable that the adoption will be closed. In practical terms, it must mean that the grandparent has to be willing to cut off any interaction with the parent for the security and safety of his grandchild.
Shall I hire an attorney if I want to adopt the grandchild?
The rights of grandparents to custody and visitation differ from state to state, so it is crucial that you properly understand what alternatives are open to you in your state. An adoption attorney can help you determine these options and provide advice that makes sense in the light of your factual circumstances.