Similarly to the case with parental rights, grandparents' rights custody differs in all 50 states. The issue of custody rights for grandparents can sometimes occur when either one or both parents come to die. Other cases include divorce or separation of the two parents.
There are also times when the child has resided with the grandparents for a period of time without the assistance of either of the parents. Further requirements will also need to be met for there to be a legitimate custody case.
Initially, grandparents need to petition a family law court when they want to obtain full or partial custody rights for their grandchild. Basically, there are two kinds of custody which can apply, which are: legal custody and physical custody.
Legal custody involves the rights of one parent to make major decisions relating to issues such as health care, education, religion, regarding the child's life. Who the child will live with and spend their time with will rather be the concern of physical custody.
Circumstances Which Can Determine Rights Custody for Grandparents
A majority of states in USA will enable the court to automatically grant full custody to either one of the child's parents. But there can be circumstances when the court may order grandparents rights custody of the child.
In certain cases, the grandparent might have already assumed their role as the primary parent and caregiver of the child for a year or longer. Other circumstances might include a reasonable cause such as abuse, neglect, substance abuse and mental illness which can significantly impact the parent-child relationship.
The law will also very much require that certain facts be proven through a family court before the grandparents are given full or partial custody. It must also be proven that it would be in the best interest of the child for the grandparents at times to have complete custody.
The grandparents will first need to display a genuine concern for the care and well-being of the child. Further to that, the relationship between the grandparent and grandchildren will have to be initiated through the consent of a parent or through a previous court order.
Grandparents rights custody may also be sought for partial custody, or visitation rights, just as between two biological parents. When the court will decide to grant partial custody rights to the grandparents, this will give them time to spend with the child without the approval or supervision of the custodial parent.
Habitually, child visitation rights are rarely denied to grandparents, and visitation rights are easily granted to them so that they may be able to spend time with their grandchild under the supervision of an adult, or the custodial parent.
It is also highly recommended to seek some legal assistance if there is a need to file a custody rights petition as a grandparent. This can be a very elaborate procedure, which is why having a qualified legal expert will be able to help in building the claimant with a strong case.
There are also times when the child has resided with the grandparents for a period of time without the assistance of either of the parents. Further requirements will also need to be met for there to be a legitimate custody case.
Initially, grandparents need to petition a family law court when they want to obtain full or partial custody rights for their grandchild. Basically, there are two kinds of custody which can apply, which are: legal custody and physical custody.
Legal custody involves the rights of one parent to make major decisions relating to issues such as health care, education, religion, regarding the child's life. Who the child will live with and spend their time with will rather be the concern of physical custody.
Circumstances Which Can Determine Rights Custody for Grandparents
A majority of states in USA will enable the court to automatically grant full custody to either one of the child's parents. But there can be circumstances when the court may order grandparents rights custody of the child.
In certain cases, the grandparent might have already assumed their role as the primary parent and caregiver of the child for a year or longer. Other circumstances might include a reasonable cause such as abuse, neglect, substance abuse and mental illness which can significantly impact the parent-child relationship.
The law will also very much require that certain facts be proven through a family court before the grandparents are given full or partial custody. It must also be proven that it would be in the best interest of the child for the grandparents at times to have complete custody.
The grandparents will first need to display a genuine concern for the care and well-being of the child. Further to that, the relationship between the grandparent and grandchildren will have to be initiated through the consent of a parent or through a previous court order.
Grandparents rights custody may also be sought for partial custody, or visitation rights, just as between two biological parents. When the court will decide to grant partial custody rights to the grandparents, this will give them time to spend with the child without the approval or supervision of the custodial parent.
Habitually, child visitation rights are rarely denied to grandparents, and visitation rights are easily granted to them so that they may be able to spend time with their grandchild under the supervision of an adult, or the custodial parent.
It is also highly recommended to seek some legal assistance if there is a need to file a custody rights petition as a grandparent. This can be a very elaborate procedure, which is why having a qualified legal expert will be able to help in building the claimant with a strong case.
About the Author:
Before you go legal, make sure you check out Jeff Johnson's excellent free articles on issues related to grandparents' visitation rights and family law child custody
