One of the most immediate concerns of a court in a case involving allegations of abuse or neglect of a child is finding a residential placement for that child, according to the American Bar Association Section of Family Law. In other words, the court makes a top priority of finding a suitable person to take custody of the child during the course of the proceedings and beyond, if necessary. Due to their relationship to the child, grandparents possess specific rights in these types of cases.
Background
The laws of all states establish specific court proceedings to resolve issues surrounding the custody of minor children after an allegation of abuse or neglect. These proceedings commonly are known as child in need of care of abuse and neglect cases. Typically family or juvenile courts hear these types of cases. The court identifies different interested parties with rights to participate in the proceedings and seek custody, including the child's grandparents.
Best Interests Standard
In determining the custody of a child victimized by abuse or neglect, a judge applies what commonly is known as the best interests of the child standard, or some similar variation, according to FindLaw. The standard requires the judge to place in the child in a custodial arrangement through which her welfare, health, safety and best interests are protected.
Family Relationships
Another requirement in a child in need of care proceeding is to attempt to place the child with a close family member, if at all possible. Because of this mandate, grandparents possess definite rights to seek custody of a child in a case involving allegations of abuse and neglect. Overall, grandparents usually have superior rights to seek custody of a child, over all other relatives, in the event of abuse and neglect allegations made against the parents.
Asserting Rights
Grandparents assert their rights to seek and obtain custody in these types of court proceedings by filing an entry of appearance in the case. An entry of appearance is a legal document that alerts the court that a particular individual maintains a vested or legal interest in a particular case. In a proceeding involving abuse or neglect of a child, that interest arises from the right of grandparents to seek custody of the child who is the subject of the proceedings.
Expert Assistance
The rights of grandparents in cases involving child abuse or neglect include representation by legal counsel. In cases involving allegations of abuse or neglect of a child, courts typically appoint an attorney to represent the interests of the grandparents for the purposes of future proceedings if they end up gaining temporary custody of a child. Information on attorney representation is available from the American Bar Association.
