|
 Please take a few minutes to fill out our survey
(only once please)
All
information presented in this website is general information
only and should not be acted upon without professional
assistance. Because state laws vary, the following
information is intended to be helpful in understanding basic
legal issues. It is always advisable to seek professional
legal advice in your area for any specific situation.
Finding Legal Assistance: Many
grandparents find themselves in need of legal advice and
assistance when it comes to decisions concerning their
grandchildren. Finding a good attorney with experience in
non-parental custody cases is preferred. When hiring a lawyer
is not affordable, there is self-help information available.
It may be possible to obtain legal forms and sometimes
assistance with filling out the forms. Contact your local
legal aid office, local court facilitator, law school
clinic, or local bar association to find out if
there is help in your area with obtaining and filling out
appropriate forms. Check out our
Internet Resources page on this website for helpful
links, or go to the American Bar Association website for a
directory of legal aid offices
http:www.americanbar.org
Your Department of Social Services or
Department of Children and Families may be able to direct
you in the right direction. Different states may call the
same services by different names, so be prepared to explain
to someone exactly what your situation is and what you are
needing in order to get directed to the proper department.
Powers of Attorney: A parent can
create a power of attorney giving another individual, such
as a grandparent, the authority to make specific decisions
regarding their children. This can allow the grandparent or
other kinship caregiver to seek medical attention for a
child or enroll the child in school. Powers of attorney are
common when parents are in the military and may be called
away from home leaving the children to be cared for by
family members or friends. They are used for many purposes
but can be especially helpful and simple when grandparents
are raising grandchildren, and there is a cooperative and
amicable relationship between the child's parents and
grandparents. The power of attorney does not remove the
parental rights of the parent and can be revoked by the
person who created the power of attorney.
Medical Consent: At least
twenty-four states and the District of Columbia have enacted
medical consent legislation, which allows the child's parent
to authorize another adult to obtain medical treatment for
children in their care. The parents sign a simple document
that health care providers must honor.
Legal Custody: A grandparent may
seek legal custody of their grandchildren for numerous
reasons. The simplicity or complexity of this will
depend on individual circumstances and whether or not both
the parents and grandparents agree that the children should
be in the custody of the grandparents. Legal custody is
awarded by the Juvenile and Domestic Relations Court and is
not merely a written agreement between two parties. If both
parties are not in agreement, the grandparent or other
relative must prove to the court that it is in the best
interest of the child or children to be raised by someone
other than the parent. If
neglect or abuse of a child is suspected, it should be
reported to the Department of Social Services. It is also
important to record and document any reasons why a child
should be removed from the custody of his or her parents.
This is not a decision that a court makes lightly and
supporting evidence must be presented by a relative when
seeking custody of a child. When
a person or couple becomes the custodian of a child, this
does not legally sever other family relationships as in the
case of adoption and may be reversed at a later time when
circumstances change.
When seeking custody of a grandchild, the
safest way is of course to hire an attorney to do the work
for you. There will be plenty for you to do in assisting
your attorney. If you can not afford an attorney and are
obtaining the forms and filing them yourself, do your
homework and know what you are doing. Keep in mind if you
are asking someone else to help you fill out the form
correctly, not just anyone can help you fill out a request
for custody form. They could be accused of practicing law
without a license. So make sure if you have assistance with
filling out the form, the person has the legal authority to
help you. You might try and contact any type of grandparents
raising grandchildren support group or program in your
entire state to see if anyone has any suggestions for you.
Some states do have programs to help grandparents with the
forms. Contact your local legal aid office or local law
school to see if they have a program to help. Do not simply
ask a law student to help. The person must either be
certified to help with these forms or be an attorney. Make a
lot of phone calls and ask a lot of questions if you must do
this yourself without your own personal attorney.
Guardianship: The term guardian is often used loosely
and may merely refer to someone who is caring for a child by the
authority given in a power of attorney, or it may be much
more complex. If a parent or both parents die leaving a
child with an inheritance, the child may be raised by one
family member while someone else is appointed by the circuit
court to be the legal guardian of the child's estate. The
most common type of guardianship for a child is called a
standby guardianship, which is used for a child who has a
disability and in the event the parent is not able to care
for the child. Check
with a local attorney, your Legal Assistance office, or your
State Department of Aging for
further information on Guardianship of Children.
Adoption: The actual adoption
of grandchildren by grandparents or other family members is
less common than legal custody. When a legal adoption takes
place, all previous legal family ties are severed. When an
adoption takes place the person or couple adopting the child
or children become the legal parent/s and not merely the
custodian acting as the parents.
Grandparent Rights: The process
for Grandparents gaining visitation or custody of
grandchildren varies with each state.For grandparents who are not raising
their grandchildren but want legal visitation rights, no
state automatically gives grandparents the right to visit
with their grandchildren. Some states give grandparents the
right to go to court and request visitation rights. Other
states do not allow grandparents the right to even go to
court over the matter. Check with a family law attorney to
find out the position of your state. The best situation is
when grandparents and the parents can work together for the
benefit of the children.
Learn more from AARP
|
