Grandparents Legal Considerations in Rearing Grandchildren

John Neyman Jr
Dr. John is a counselor and therapist to ADHD children and their parents

There are many reasons why grandparents want to rear their grandchildren.

Reasons like they get worried that their grandchildren might be influenced by negative behaviors of some children and teenagers these modern days. There are those that are reared by single parents, some are being abused, and were given less care and attention by their parents. There are cases where the child’s parents died even at their younger age.

Those are some of the following reasons why grandparents want to take care of their grandchildren. However, there are cases that legal considerations must be applied.

Here are some of the legal facts that must be taken into consideration by grandparents:

  • Grandparents that want to take the guardianship or custody of their grandchildren must show proof that the parents are out of condition to take care of their children. Also, they must make certain that they can give the basic and important needs of the child. There are proofs such as physical and sexual abuse complaints that are commonly referred by them. However this must serve with much evidence to be honored by the court.
  • Grandparents as one of the legal ties to biological parents can adopt the child. As stated by the juvenile and domestic relations district court, the biological parents or legal guardian may choose the adoptive parents. It is also stated that the home state of where the parents or guardian where born has authority over the court for custody matters.
  • Issuing a case takes risk emotionally and financially. Thus considerations in this matter must not be taken for granted. When pursuing such case, grandparents must make certain that they can take this responsibility. They must be aware that the court costs and lawyer’s fees are expensive and may cause financial strain on their part.
  • Grandparents can undergo custody case. Remember that custody still continues the legal ties of the biological parents as well relatives of the child. This is despite of the reason that the person with custody such as the grandparent for example holds parental rights.  This custody hearing can be done or be heard in the grandparents home state for the following reasons:
  1. If it is the home state of the grandchild.
  2. If the grandchild is residing in the grandparent’s home state within the last 6 months aforementioned to the beginning of the custody appeal.
  3. One of the parents of the grandchild lives on that state.
  4. If the child has been physically present in the state and has been neglected or in danger of abuse physically or emotionally.

Grandparents must be strong physically, financially and emotionally to pursue such legal case.

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