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Many people are mistaken to believe that child custody is limited to the biological parents of a child. A grandparent can also seek child custody for their grandchild. In this case, it's better to consult a child custody attorney to review your options. Here is a look at some basic information on a grandparent's right to child custody.
Can Grandparents Obtain Child Custody?
Gaining custody of your grandchild depends on a few factors, including your jurisdiction. In many states, one of these conditions should be met before you can win custody of your grandchild:
When Can the Court Deny the Grandparents Custody?
The court may turn down your custody application for many reasons, all of which are linked to the child's best interest. Usually, the court will determine whether or not you can meet the child's needs, the child's wishes, the child's adjustment to home, school, or environment, and evidence of abuse. The court will also look at the length and strength of the relationship between the grandparents and the grandchild.
For example, if you cannot drive your grandchild to school or have trouble supervising their activities or taking them to the hospital, it means you cannot meet their needs. In this case, your application for custody will likely be denied. Inquire from your child custody attorney about your options after your child custody application is rejected.
What Is Physical Custody with Power of Attorney?
When you are living with your grandchild and are responsible for their well-being, you have physical custody. This situation may arise when the parents temporarily ask you to care for their child. In most cases, this is an informal arrangement.
Under such an arrangement, you should ask your child custody attorney to help you get power of attorney. This grants you the legal right to address the child's medical and urgent needs, especially in cases when their parents aren't available.
The child's parents should sign a notarized form and hand it over to the court to get a POA. The POA can last until the specified date, or until your grandchild is an adult. However, the parents can cancel a POA any time they wish.
For more information, reach out to a child custody attorney, such as Kenneth J. Molnar, near you.
Share17 December 2021
