Grandparents Rights Custody
Similarly to parental rights, grandparents rights custody differs in all 50 states. The issue of custody rights for grandparents occurs when either one or both parents die. Other cases are during a divorce or separation of the parents.
There are also times when the child has lived with the grandparents for a period of time without the assistance of either parent. Other requirements must be met for there to be a legitimate custody case.
Grandparents must petition a family law court when they ask to obtain full or partial custody rights for their grandchild. Basically, there are two types of custody which apply: legal and physical.
Legal custody involves the rights of one to make major decisions such as health care, education, religion, regarding the child’s life. Who the child will live with and spend their time with is the concern of physical custody.
Circumstances Which Determine Grandparents Rights Custody
In most states, the court will automatically grant full custody to either parent of the child. There are, however, circumstances when the court will give grandparents rights custody of the child. In some cases, the grandparent has already assumed the role as the primary parent and caregiver of the child for a year or longer.
Other circumstances may include a reasonable cause that abuse, neglect, substance abuse and mental illness is impacting the parent-child relationship.
The law requires that certain facts be proven in family court before the grandparents are given custody. It must be proven that it is in the best interest of the child for the grandparents to have custody. The grandparents must display a genuine concern for the care and well-being of the child. Additionally, the relationship between the grandparent and grandchild must have started through the consent of a parent or previous court order.
Grandparents rights custody may also be sought for partial custody, or visitation rights, just like between two biological parents.
When the court grants partial custody rights to the grandparents, this give them time to spend wit the child without the approval or supervision of the custodial parent. Typically, child visitation rights are not denied to grandparents. Visitation rights are granted to grandparents so that they may spend time with their grandchild under the supervision of an adult, or the custodial parent.
It is strongly recommended to get legal assistance if there is a need to file a custody rights petition as a grandparent. This can be a pretty complex process. Therefore, having a qualified legal expert can help to build a strong case.
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