What do you have to do to get custody of a grandchild?

Answer 1

Temporary custody (3 months or less) can be granted by the parents of the minor child. Written documentation must be given by the parents so the caregiver adult can enroll the child in school, get medical care, and so forth. The date when care is to begin and end must also be included as well as financial agreements. For permanent or long term custodial rights the interested party must apply for guardianship in the appropriate state court (usually probate) in the city or county of residence. It is a given that many children live with grandparents and other relatives without means of a written parental agreement or court order. However, without such documentation it is not possible to enroll a child in school or other activities nor is it possible to obtain medical care for the child except in a life threatening situation. When such things occur, state social services usually become involved and it results in a lot of legal complications that could have been avoided if proper procedures were followed.

Answer 2

Grandparents may seek partial custody and visitation: * If a child's parent has died, the parents or grandparents of the deceased parent may get partial custody and/or visitation rights; * If a child's parents are unmarried, separated for six months or more , or have filed for divorce, the child's grandparent or great-grandparent may get partial custody and/or visitation rights; or * When the child lived with the grandparent for a year or more. A grandparent may also pursue full custody of a grandchild under certain other limited circumstances. In addition, if you have been acting in place of the child's parent, you may be able to get custody. Also, a non-parent who has acted in loco parentis (in place of the parent) may receive custody. Non-parents with in loco parentis status will generally have performed the duties that a parent usually performs - such as being the primary caretaker - for a significant period of time. File a petition for guardianship in the circuit court in the county in which the child resides. The person filing must show "just cause" for the action and present documented evidence of why the biological parent(s) are unfit and should have their parental rights terminated. Please be advised that judges are very reluctant to terminate parental rights and appoint a guardian without there being substantial proof of serious neglect and/or abuse.