Grandparents maintain the right to seek custody of a grandchild in limited situations. Despite some minor variations in the law on this subject from one state to another, the general guidelines and procedures associated with grandparent visitation and custody are similar across the United States, according to the American Bar Association Section of Family Law.
Function
The primary function of laws that permit grandparents to obtain custody of a minor is to ensure that a child's best interests remain protected in the absence of her parents, according to Cornell University Law School. The theory is that grandparents naturally are inclined to protect the safety, advance the welfare, and ensure the well-being of their own flesh and blood.
Types
Grandparents acquire one or both of two types of custody. Legal custody represents the ability of grandparents to make significant decisions on behalf of a child, according to Nolo. Residential custody is the right of grandparents to provide a home for a child. Residential custody sometimes is referred to as physical custody.
Considerations
Grandparents acquire child custody in a number of situations, according to FindLaw. Grandparents often gain custody when the parents of the child die. Grandparents are granted custody when a credible accusation of abuse or neglect is lodged against the parents. Finally, if both parents end up unavailable to care for a child directly, because of military service or incarceration in the penal system, grandparents can end up with custody.
Time Frame
A court order granting custody to grandparents can be for an indefinite period of time. On the other hand, a court can establish custody with grandparents for a set time frame. In such a case, at the conclusion of that time period, the court reconsiders whether custody with the grandparents continues.
Expert Assistance
The laws and procedures connected with establishing grandparent custody represent complex legal matters. Facing a situation at which grandparent custody is an issue, consider engaging the services of an experienced lawyer. The American Bar Association maintains resources to aid you in this process. These resources include contact information for local and state bar organizations.
Expert Assistance
References
- Cornell University Law School: Child Custody Overview
- Nolo: Child Custody FAQ
- "Child Custody A to Z "; Guy J. White; 2005
