It is hard for grandparents to know their legal rights and most do not
know how to find custody guidance. It seems every state has a
different set of rules which makes it nearly impossible for the
grandparents, who want to protect their grandchildren, to know what to
do.
As you may know the divorce rate is about 50%, which often leads to
children being stranded for many reasons. It could be from finances,
stress between the ex's, a new partner, etc. Then it is left up to the
grandparents to look after the children's welfare.
Sometimes the grandparents, or grandparent, have custody of the child
or children, but no formal right to the child. This leaves everyone in
limbo.
You, as a grandparent, must petition the court to obtain full or
partial custody of your grandchildren. This will make it possible for
you to make decisions about the lives of your grandchildren.
Since so many grandparents are caring for their children's children it
is now more common for the courts to award custody to the
grandparents. This can be hard for you, as it is one of your own
children that you must confront to obtain the custody. But, it is the
only way you can have legal rights with the children.
Divorce is not the only way children are caught up in this American
tragedy. Sometimes the circumstances include neglect and abuse. This
often stems from drug use, or simply a lack of employment. A parent,
or parents, may lose their source of income and be unable to quickly
replace it, leaving the children without proper physical support.
For grandparents to obtain legal rights to the children you will have
to show cause in family court as to why your custody is necessary for
the children's welfare. Please be aware this may be an up hill battle
and you will need all the resources at your disposal that you can
find. When you enter court you never know what the outcome will be, it
is up to the judge's decision.
So, arm yourselves with all the information you can find, prepare
yourselves well for the court hearing and be prepared for any outcome.
It can be a heart breaking experience and may cause lasting strife in
the family, but it is sometimes necessary for the good of the
children. The family life those children have now is what determines
the life they will have later.
It is best to seek legal assistance, but you will want to find
information on your own. Not all attorneys are prepared for
grandparent's legal rights or custody cases. The more you know the
better you will be able to deal with the attorneys and the courts.
Child Custody Center: http://custodyookk.blogspot.com/#