Grandparents’ legal rights, guidelines, regulations, and rules of law allow you to ask for visitation, and temporary custody of your grandchildren. Grandparents can also file for full custody, guardianship, or adoption, to raise their grand-kids, through a state-specific family law custody court judicial process. The proper legal advice, guidance, and strategies are key to ensure a successful outcome to any predicament regarding your grandchildren. Fortunately, studies have shown that the “Best Interests” for your grandchildren is that they have an active relationship with their grandparents. Grandfathers and grandmothers can often provide a healthier and more stable environment than the children’s biological parents. As a result, the “Best Interest of the Child” guideline fully supports a grandparents’ rights for visitation and custody. The legal extent to which you can visit, provide, and support your grandchildren will need to be determined and approved through a family law court hearing litigation process.
Children are all too often kept from their grandparents, or exposed to abuse and neglect. Typically, most if not all of these circumstances are completely out of their control. This unhealthy environment is a damaging situation for children’s emotional and physical well-being. Children often don’t have a voice to be heard, and it is our responsibility as grandparents to be that voice. A voice that defends, supports, protects, and cares for all grandchildren that so desperately need our help.
The Judicial Legal System Recognizes the Importance of Grandparents’ Rights Regarding Visitation and Custody of Grandchildren; and Fully Understands That Abuse and Neglect are Prevalent in Families.
State-specific family law fully acknowledges the ability for grandparents to provide a positive and stable environment. An environment, which is able to provide leadership, and a parenting platform so many children desperately need. Grandchildren even spending limited time with their grandparents can help provide the much-needed comfort and security that children require on a regular basis.
The situation grandchildren are exposed to varies greatly. Some are in a positive stable environment, and grandparents are simply denied access or may be allowed very limited contact with their grandchildren. The other end of the spectrum is a situation that needs to be addressed as soon as possible. If you can prove your grandchildren are being subjected to an abusive and neglectful environment, the judicial system will act quickly and forcefully on your behalf. Don’t think for one second that as grandparents your rights will be restricted or limited. Remember, the “Best Interest of the Children” is a standard that is fully recognized and supported in the United States of America (USA).
If your grandchildren are in an abusive or neglected environment you may file a petition for a child protective proceeding. If abuse, neglect, or imminent danger exist, child protective services may enforce an emergency removal of the children and place them into protective custody. A child protective proceeding is typically followed by a number of court hearings. A fact-finding court hearing is set to determine if the allegations are true. A dis-positional hearing is set to decide what should be done if the child has been neglected or abused. Finally, a permanency hearing is set to determine and finalize the permanent placement and security of the children.
It’s important to recognize, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was established to ensure that any child custody litigation occurs in the child’s “home state”. The “home state” is defined as the last state where a child has lived for 6 consecutive months with a parent. This act was adopted to discourage parents from moving out-of-state in an attempt to manipulate the judicial system for whatever reason. Parental attempted kidnapping by moving children to another state or jurisdiction was one of the main reasons the UCCJEA was adopted.
Grandparents’ Legal Rights, Guidelines, Regulations, and Rules of Law Enable You to Defend Your Visitation Rights, Fight for Custody, or the “Best Interests” of Your Grandchildren Through State-Specific Family Law.
The modification to your grandchild’s custody situation may be modified on your behalf. In some cases it will be a temporary modification based on a continuing effort of both parents to SUCCESSFULLY overcome the obstacles that prevent them from retaining full custody again. Parents inability to provide a safe, stable, humane, and secure home environment can be due to many different factors, including but not limited to: (substance abuse, incarceration, mental health issues, anger management, poor leadership skill sets, endangerment, physical abuse, emotional abuse, domestic violence, divorce, etc.). In other cases you may be awarded full custody. Often times, full custody comes with the option to legally adopt your grandchildren.
Don’t be fooled into thinking that you have no legal rights in the United Stated when it comes to your grandchildren. Family law will help ensure your grand-kids get what they deserve and need. Remember to focus your efforts on their “Best Interests” at all times. Your grandchildren will thank you when they are mature enough to realize the decisions and sacrifices you made for them and their future.
I cannot stress enough, the fact that grandchildren need their grandparents. For some grand-kids seeing their grandparents on a regular basis is the best option. Others need to be removed from a physically and emotionally damaging environment permanently. Grandparents are often the first and best option for children to find the stable and secure environment they desperately need and deserve. Check out the links below to help secure visitation with your grandchildren, or fight for the rights of someone who is unable to defend themselves.
- Click Here 😎 for a State-Specific GRANDPARENTS’ RIGHTS MANUAL, and a GRANDPARENTS GOING TO CUSTODY COURT TO ASSERT THEIR LEGAL RIGHTS MANUAL. Both Contain State-Specific Laws, Regulations, Guidelines, and Strategies for all Fifty States. All the Necessary Legal Forms and Paperwork are Included to Provide the Tools You Need to Secure Visitation, and an Appropriate Environment for Your Grandchildren.
- Click Here 😎 if You or Someone You Know Wishes to Create Their Own Professional Quality Visitation Schedule, Visitation Calendar, Parenting Plan Agreement, Expense Reports, and MUCH MORE. This Allows You to Track Actual Visitation Time and Expenses, Prepare for any Negotiation or Court Appearance, Save $$$… on Attorney Fees, Spend Less Time in Court, and More Time with Your Grandchildren or Children.
The time to act is now, because all children deserve the best that our society has to offer. As a grandparent you have rights. These rights enable you to request visitation, and also allow you to be a voice for someone who may desperately need your help and support. Life can come with many challenges, but if you believe that everything happens for a reason then life’s challenges will suddenly become an obstacle with a manageable solution. Don’t forget, grandparents’ legal rights, regulations, guidelines, and rules of law, regarding grandchild visitation and custody, were also legislated for guidance, advice, and strategies to support the “Best Interests of the Children” standard through state-specific family law.
cwdv | Comments10
I have a 4-year-old Granddaughter who’s mother (my daughter) is bi-polar. She has had custody in the past, but is now struggling more with her condition. Right now, she isn’t capable of taking care of her daughter, and my husband and I are capable. The child’s biological father is a drug addict, and has spent time in prison several times. My daughter recently put a restraining order on him because he was following her (and us) and calling non-stop. Do we ask to get guardianship, and if so, how?
My children were removed by CPS, and my dad has been denied to have the kids transferred to his custody due to a drug conviction in 1999. This charge is almost 17 years old as of September 2016. There is no reason for him to be denied temporary custody of my three kids. My dad is very very close to the kids. We were calling him every day, doing family dinners, and doing movie nights at his house on a regular basis. There is no reason why my dad should not have my children at this time. They need my dad. What does he need to do in order to get my kids out of foster care.
My two grand-kids have been in CPS custody for almost 3 yrs. I was there the first year just after they were taken, I moved across the country to help my kids get their kids back. CPS wouldn’t have it after I showed the documentation my kids went through, everything they were supposed to. CPS sent me away and went thrilled a planned home improvement period. CPS had no intentions of giving the kids back. They played it along as if they were going to. Now foster family has kids on a permanent guardianship basis. I am trying to get my point across only to be shut out and ignored. I feel cps has violated my rights as a grandparent, and I’m hiring an attorney and going after custody.
Sounds all to familiar in my situation. What has happened since 2016? Did a lawyer help
My son has a daughter with his first wife. I still help with my granddaughter. My son is now married to someone else. They are now going to have a baby. He has made it clear that I am not to see this child, but if my granddaughter needs some. He tells his ex wife, tell my mother she will take care of it for you. I don’t understand how can courts keep me from seeing the new child. Just because he is mean and hateful. The first wife and I get along fine. That makes my son mad.
My daughter has been diagnosed with borderline personality disorder, and has a 20 month old son. She is mentally unstable and trying to take care of her son. She has moved out of my house and with these people who I feel aren’t safe. She has signed a power of attorney over her child to this person. As being the maternal grandmother what are my rights of gaining temporary custody of him. My main concern is the safety of my grandson. I want to provide him with a stable loving home. So I need to know what my options are. Now my daughter, for whatever reason, doesn’t want me to have contact with him. I’m hoping you can help me. I do live in Montana.
I received total custody of my 17 year old, and my 6 year old grandson’s in August 2016. There mother is abusing meth, heroin, pain pills, and pretty much whatever she can get her hands on. She was mandated to have a hair follicle drug test before we went to court and she didn’t show up, nor did she show up for the custody hearing. My 17 year old grandson and I have talked about the adoption and he wants me to adopt him. My daughter is now a felon on the run with 2 warrants on her and the US Marshals looking for her. We have not seen her or heard from her since August.
Hi, my son has placement of his 2 kids, (ages 4 and 7). He and his ex have lived with us for 12 of the 13 yrs they were together. These 2 kids NEVER have known what it is to live away from us(my husband and I). She took off a year ago, without the kids, leaving them in our care. My son has had jobs on and off, but from the very beginning we have TOTALLY supported ALL of them. We live on Social Security($1208 a month). I have done MOST of the kids upbringing, even when their mother was here. She would come home from work, and I’d think awesome my time to become Grandma instead of babysitter, but mom would sit down and do her own thing. Which was not watching the kids at all, so someone had to do it. Well after she left I became Grandma and mom. My husband has helped me with the kids. Our son is gone MOST of the time, if he was working at the time he’d go do other things with his friends after work. When he wasn’t working he’d be gone early in the morning, then not come home til he had to go into work or until he wanted to clean up and go somewhere else and do other things with his friends. We tried several times to get him to spend time with his kids because I wanted to do things with friends. We’d tell him he has responsibilities and he has to spend time with the kids. Well his ex wife gets the kids every other weekend, and at times we have to supply her with food just so she has it for them. She’s moved a few times and isn’t really in a stable home. She was working through a temp service and was ordered to pay child support. She paid it a couple of months and stopped. She eventually got hired by the company and figured she wasn’t going to let the courts know, and that she would just pay the money straight to our son. That hasn’t happened either. She doesn’t want to let the courts know what she REALLY makes as an income, so she refuses to fill out the form and turn it in. So in the mean time the kids go without child support and we pay for it all out of our pockets. We have taken care of these kids by ourselves, and now we have to move. He wants to take them with him, and we should move somewhere else without them. We are against this because he hasn’t taken care of them as long as he’s been separated and going through divorce. He is now seeing someone, but she has said she’s gone through this age before in her kids, and she’s not going to raise his kids but she will help him. We want to take these kids with us and keep caring for them as we’ve been doing all these years. Even our 7 year old Granddaughter is worried about being away from us and she is scared. She said the other night, Grandma I don’t want to be away from You and Grandpa. She knows we’re the most solid parents that they’ve ever known. What do we do and where do we go for help? Please if someone could help us out.
Take your grandchildren to the DHS department of human services and drop them off at their door step. Tell your grand babies you’ll be back! Tell DHS that when all legal matters get resolved you’ll take the grandchildren. Get paper work, they will be safe under them and so will you. If the parents get in trouble then so be it! They should have been better parents! Let DHS figure it out! Then hire a lawyer to just do the necessary paper work, which will cost approx $200 to $500. Then represent yourself if possible. Ask law library to help you at the court house. Use the internet and search for: Grandparents rights, mothers rights, fathers rights, and many others. Keep your foot in the door with DHS because parents have the most rights and tend to win custody. The mother more than the father raised our grandson from birth-14 months. We raised the baby for 3 months and she had nothing to do with the baby. The mother and father were both on drugs and in and out of jail. The stupid laws still gave her the baby when she just got out of prison. This is IOWA law. We need to find someone to help all the grandparents and the laws need to change. Now our grandson is in Arizona, I’ve been a wreck and no one will help. Cops won’t help, lawyers take your money, and judges look the other way. THE MOTHER and other grandparent planned and kidnap the baby! I even got a text message from the other grandmother that her daughter did not want the baby, and I have no rights as a grandparent! I provided a loving and safe home, and all that work and money was spent for what? The courts side with the mother and father? GRANDPARENTS NEEDS RIGHTS BEFORE DURING AND AFTER, especially if the parents had any drug or alcohol issues or trouble with the law! The courts need to give grandparents visitation at least once a month that is court ordered. We as grandparents deserved this. I AM LOSING MY BATTLE IN COURT, MY SONS IN PRISON, MOTHER JUST RELEASED FROM PRISON, MY GRANDSONS IN ARIZONA, AND I’M WORE OUT, HEART BROKE, AND MAD AS ALL HELL! WHAT A FINANCIAL DRAIN ALSO, NOT EVEN A PICTURE OR NOTHING BACK. HOW THE HELL IS THAT FAIR! IF ANYONE CAN HELP ILL GIVE IT ANOTHER ROUND!! YOU DON’T GIVE UP WHEN YOU WERE ONCE A GRANDMA ACTING LIKE A TRUE MOTHER.
I was signed over temporary custody of my 3 grandchildren. Their parents are living with someone, and they have no jobs. Can they just come and take them away? The temporary custody is notarized.