As a Grandparent, you don’t have any parental responsibility for your grandchildren. The parents have the parental responsibility for the child unless the court makes an alternative order. Regardless, the United States has seen a growing trend of kingship families in the last four decades. The reasons why a grandparent can take over the parental responsibility can vary greatly. In case the parent is facing snags with alcohol and drugs or if the parent has health, emotional and mental challenges, the grandparents would choose to get custody of the child. Child abuse, abandonment, and child neglect are equally justifiable reasons why a grandparent would take over parental responsibilities over grandchildren.
According to the current statistics, the proportion of grand families has almost doubled in the United States since 1970. Depending on the reason at hand, more and more grandparents are asking how they can legally acquire parental responsibility for their grandchildren. Remember, as a Grandparent, you naturally don’t have any parental responsibility for your grandchildren. Unless you make a legal application in court and get assistance from a qualified Grandchild Guardianship attorney, you will probably not get any parental rights over the grandchild. Try a Tulsa guardianship lawyer to help you in times of crisis.
What is Grandchild Guardianship and how does it work?
In instances where the welfare of the child is compromised or the parents are incapacitated to take parental responsibility for the child, the state department of Human services will most probably take custody of the child and the child is put under foster care waiting for the legal hearing and settlement of the situation at home. In such a case, a grandparent might consider filing a petition to overturn the decision and take responsibility for the grandchild.
Guardianship can be temporary or permanent depending on the situation at hand. In this case, if the court considers the alternative and grants the grandparents the guardianship, the grandparent will obviously take the parental responsibility of the child. The guardianship legal provisions will continue without an end date. But another party can petition the court’s decision and seek to attain the guardianship responsibility for the furtherance of the child’s interests.
Grandparent’s Custody rights
The state laws in many countries allow the appointment of a grandparent as a guardian for a minor where it’s convenient or necessary. Such law is upheld by the Judge during a hearing that is usually filed by the person seeking to get custody of the child. The law requires that a child should be placed with a relative for their own good.
How to get Custody of your Grandchild
To get Grandparent custody over your grandchild, you have to make an application to the court. In the process of making an application to the court, you will need to apply for ‘’Leave’’. The leave, in this case, is to ask the court for this case to be heard. This is usually the case when the grandparents are already living with the kid or if there’s a dispute as to where the child should live. In situations where the parental issues are extreme, the social services can intervene. As a matter of fact, it’s a viable option.
After the court application is made, the judge will use the welfare checklist that is set out in the Children Act 1989. This is what helps the judge make the decisions. The checklist will actually require considerations of:
- The wishes and feelings of the child
- The physical and educational needs of the child
- The age, sex, and background of the child
- The risk of suffering or harm that the child should be exposed to
- The capacity of the parents to care for the child and the willingness and ability of the person seeking custody of the child.
The petition that you’ll file with the court might address the situation at hand and at the same time give reasons as to why the guardian is necessary. After this, an investigation into the matter will start to clearly determine all the points in the checklist above.
Immediately after this, a notice of hearing will be given to the parents and any other interested and reliable party. Besides using the Children Act 1989, the judge will also clearly check the evidence provided regarding the guardian, the parents, the child’s situation, and all the other necessary considerations. The evidence must clearly show the inability of the parents to take care of the child depending on their situation, health state, and habits.
How Tulsa Guardianship Lawyer can help
The first step in every legal process is to search and hire a qualified, experienced, and able Lawyer. The lawyer will then work with the parents and all the interested parties to discover the best ways to acquire the Grandparent’s guardianship. The lawyer is also in a position to pinpoint all the issues that exist in the family and effectively advise the way forward.
The lawyer can help you deal with a complicated child guardianship case. There are certain issues that can develop making the whole process complicated. In instances of drugs and alcohol abuse, medical diagnosis, generic disorders, disability cases, and behavioral issues, the lawyer will be able to advise you adequately on how to approach the issue and how to acquire Grandparent child support.
The Tulsa guardianship lawyer will help in understanding all the jurisdictional boundaries and determine ways in which this can affect the case. State laws might vary greatly from one state to the other. The lawyer is in a position to research and understand all the social laws in different states.
Lastly, a lawyer can help in counseling, programs, and classes. The Tulsa guardianship lawyer can prove that the parents are not in an aptitude to impact the child’s development, growth and wellbeing positively. He can advise which of all the involved parties should seek counseling and emotional assistance after the case is closed. Furthermore, the lawyer can help hire other professionals to increase the strength of the claim.
Link sources
https://grandparents.attorney/how-do-i-get-guardianship-of-my-grandchild/
https://www.helpguide.org/articles/parenting-family/grandparents-raising-grandchildren.htm
https://www.theatlantic.com/family/archive/2018/06/this-is-the-age-of-grandparents/561527/
https://www.hg.org/legal-articles/how-can-a-lawyer-help-me-get-child-custody-49427
