Child Custody Rights for Grandparents

Child Custody Rights for Grandparents

Child Custody Rights for Grandparents
The laws in all 50 states include provisions through which grandparents can obtain custody of minor children in certain situations, according to FindLaw.com. These statutes do vary to some degree, but the basic parameters of these laws are similar from one jurisdiction to another. These statutes govern both when and how grandparent child custody is obtained.
Best Interests of a Child
Cases involving child custody require the application the best interest of the child standard, according to Cornell University Law School. A child custody order, even one involving grandparents, must be in the best interests of the child involved in the case. In grandparent custody cases, the factors considered by the court include the pre-existing relationship between grandparent and the child as well as the overall mental and physical health of the grandparent and the child.
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Voluntary Agreement
Grandparent visitation can be established through voluntary agreement on the part of the custodial parent or parents. For example, if parents are in active military service and scheduled to be deployed, an agreement assigning custody to the grandparents is an option. The agreement should be in writing, preferably drafted with legal assistance.
Child in Need of Care Case
A child in need of care, or CINC, case is a legal proceeding brought when an allegation of abuse or neglect is brought against the parent or parents of a child, according to the American Bar Association Section of Family Law. If a child is removed from a home pursuant to a CINC proceeding, the laws of all states require placement of the child in the home of a close relative, when possible. In a CINC case, a grandparent possesses the right to petition the court for custody of the child who is the subject of the case.
Deceased Parents
If both parents of a child die, a grandparent has the right to seek custody of that child. All states maintain some sort of statutory provisions that establish a process through which a grandparent obtains custody of a minor child in the aftermath of that minor's parents' death.


Read more: http://www.livestrong.com/article/131669-child-custody-rights-grandparents/#ixzz0p3IjJzJd

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