Brief introduction to custody, with information on physical and legal custody; joint and shared custody; special considerations for unmarried parents; and other important factors to consider. In addition to the benefits of spending time with your grandchildren to extend life, it`s important to realize that your grandchildren will also benefit from spending time with you. Not only will you learn about family history and old family recipes, but you`ll also benefit from your broader, more informed perspective on the world, which only age and time can give. Summary of various requirements for granting access or custody to grandparents, including differences in state laws; the impact of adoption on grandparent visits; and related issues. Many parents enter divorce proceedings without understanding the differences between full and sole custody. They are not the same, so you need to know what you are asking for when you go to court. Sole custody includes both legal custody and physical custody. One parent can have one or the other. Full custody is when legal and physical custody is given to a parent.
When a child is removed from their home by child welfare services, extended family members are usually contacted and given the option of becoming foster parents or guardians of the child. But even in this situation, grandparents have to go through the same process as all other foster parents. In other words, even if your adult child is declared incapable, you do not automatically get rights over your grandchild. Links to the state`s grandparent visit laws can be found on the Nolo Network Visit disclaimer page, a library of consumer-friendly legal information. Whether or not access extends to grandparents is a matter for family courts. You may want to consult with an attorney and/or use the services of an attorney who practices in the area of family law in your state. If you need help finding a lawyer, the American Bar Association (ABA) website offers a variety of services for the general public, including the Find Legal Help Visit disclaimer page, which has recommendations from pro bono lawyers and links to court resources. The ABA`s website also includes a section called Free Legal Answers Visit the Disclaimer page, where users can submit questions about civil law issues.
A directory of law schools that visit the disclaimer page that offer pro bono programs is also available. As you can see, the more important the grandparents played before the separation, the more likely it is that the court will grant them some sort of access. By working with a divorce lawyer, they should show why spending time with their grandchildren would benefit the children instead of harming them. The court is looking for concrete and tangible arguments for the evaluation of their interests. Parents may try to prevent their children from seeing their grandparents because grandparents are trying to intervene. In such circumstances, professional legal advice on what to do is essential. In many cases, grandparents with educational responsibilities may be eligible for government care benefits. This is good news, because so many “extended families” live below the poverty line. Given that many grandparents are retired and barely getting by on their meagre benefits, it`s easy to see why these families are below the poverty line. The concept of allowing grandparents to visit their grandchildren even if the parents object (unless for a valid reason) is based on the premise that children need contact with their grandparents.
While parents usually assume this and don`t interfere in these relationships, many states now prevent parents from getting in the way. Many of these laws are much broader, including siblings and other family members, often referred to as third-party visitation rights or “non-relatives.” “If a grandparent has legal rights — or, as some say, guardianship rights — over the child, if there`s a medical situation, they can actually make decisions,” Evans says. “If there is an education or mental health decision that needs to be made, a grandparent can make those decisions as if they were a parent, depending on how the order is structured.” New Jersey gives grandparents legal rights with respect to their grandchildren. However, the U.S. Supreme Court interprets grandparents` visitation rights somewhat less broadly than New Jersey law, meaning grandparents must work with a family attorney to make arguments that the court would accept before granting them access to their grandchildren.