Grandparents' child custody rights come into play in a variety of situations. A grandparent seeks custody of a minor child when the parent or parents are declared unfit for one reason or another. Additionally, a grandparent seeks custody in situations where both parents are deceased. Grandparents' custody is established through a court order. Each state maintains a different, although generally similar, set of laws regarding grandparents' custody rights, according to FindLaw.com.
Function
The essential function of grandparents' child custody rights is to permit a grandparent the legal ability to step in and care for a grandchild when the natural parents are unable to do so for one reason or another. The laws of all states express a preference for a child lacking parental care and supervision to be placed with a close family member if at all possible. Grandparents fit the definition of such an appropriate close family member in all states in the U.S.
Types
Generally, there exist two types of proceedings in which a grandparent petitions a court for custody of a minor child. The first type of proceeding involves parents that are deemed unfit to care for a child. These cases commonly are called child in need of care, or CINC, cases. The second type of proceeding arises from the death of the parents, leaving the child with no legal caretaker.
Benefits
The primary benefits of grandparents' child custody rights are two-fold. First, these rights enable grandparents the ability to develop and maintain a meaningful relationship with their grandchild. Second, these rights ensure that a child obtains appropriate care and protection from a close family member.
Features
If awarded custody, at a minimum, a grandparent enjoys the same rights and obligations as would a natural parent. Beyond that, a grandparent likely possesses an ongoing obligation to the court, which includes filing reports on a scheduled basis regarding the status of the child. The ultimate objective is to ensure that the best interests of the child remain satisfied through grandparent custody, states the American Bar Association Section of Family Law.
Expert Assistance
Because of the complexity of family law in general and custody law more specifically, retaining an attorney to represent you in a case involving grandparent child custody rights can be in your best interests. Local and state bar associations maintain directories of attorneys that practice in different areas of the law, including lawyers that specialize in custody matters. Contact information for these organizations is available through the American Bar Association.
