how do i get custody of my grandchild without a lawyer

by Kennedi Terry 8 min read

Without the help of a lawyer, you can appeal to adopt your grandchild by contacting your local Department of Social Services or Judicial Court website and collecting the necessary documents and procedures. However, some people seem to find that hiring a lawyer makes the procedure go more quickly and smoothly.

STANDBY GUARDIAN: Custody of a child can also be obtained without going to court by becoming a Standby Guardian. A standby guardianship is created by having the parents sign a document available from the probate court stating that they are consenting to have the grandparent or relative take guardianship of their child.

Full Answer

How do grandparents get child custody of their grandchildren?

Some courts require that the grandparents care for the child for at least one year before they will grant a custody petition. In the end, the courts decide custody based on the best interests of the child as the court interprets it. Learn more about grandparents' rights in the child custody process.

How do I file for child custody without a lawyer?

Contact the court clerk. The very first thing you need to do is contact your local family court and ask the clerk how you can obtain the papers you will need in order to file for child custody without a lawyer.

How to file for guardianship of a grandchild without an attorney?

While it is generally preferable to seek a guardianship with the advice and assistance of an attorney, grandparents can file such a request themselves directly with the courts when they cannot afford an attorney. Guardianship and the Termination of Parental Rights

What should I do if my grandchildren are fighting over custody?

If your grandchildren are in a custody battle between two barely competent parents, consider supporting and encouraging and supporting your own child’s ability to parent instead of intervening in the case. Perhaps provide housing or other support for your child to help provide stability for your grandchildren.

What is the name of the arrangement where a grandparent takes care of a child?

This arrangement is sometimes known as kinship care . The grandparent has physical custody, but the state retains what's called "legal custody"—the right to make major decisions regarding the welfare of the child. 2 . Grandparents may take care of the child without much oversight or assistance from the state, and this is sometimes called informal ...

What is physical custody with power of attorney?

Physical Custody With Power of Attorney. When grandchildren live with grandparents and grandparents are responsible for their physical well-being on a day-to-day basis, the grandparent has "physical custody.". 1  This situation usually occurs when a parent or guardian asks the grandparent to take care of the child on a temporary basis.

What is a POA for a grandparent?

Grandparents should get a power of attorney, also called a POA, granting them the legal authority to address the child's medical and other needs, particularly in an emergency when the child's parents can't be reached. This can be as simple as having the parent sign a notarized form and submitting it to the court.

What is the law that requires social services to notify parents of children in custody?

Called the Fostering Connections to Success and Increasing Adoptions Act , the law aims to connect children in need of foster care with willing relative caregivers .

Can a grandparent get custody of a grandchild?

A grandparent who wants more control over the grandchild can go to court and ask for legal custody as well as physical custody, both being established through a court order. Even if there is a court order, parents can regain custody, but they'd have to petition the court. In most cases, parents have visitation rights even though ...

Can grandparents take care of their grandchildren?

In both situations and in all their variations, grandparents may have to formalize their status to be able to care for their grandchildren properly. Grandparent custody comes in different forms, and the legal terms for these forms can differ from state to state. But parenting grandparents usually have one of the following legal relationships ...

Can grandparents be foster parents?

Grandparents may take care of the child without much oversight or assistance from the state, and this is sometimes called informal kinship care. In other states, grandparents may have to go through the training and certification required to officially become foster parents.

Can grandparents be granted custody?

Even in the worst of situations, this may seem like a good move, but unless there is a legitimate reason why the grandparents should be granted custody, the court does not give grandparents any special consideration, even though they are actual family members.

Can grandparents take custody of their children?

In addition, even if the grandparents are able to prove to the court the children should be removed from their current home, custody is not automatically granted to the grandparents. They would still need to prove to the court that the child being with them is in the best interests of the children.

Can a parent regain custody of a child after being removed?

In cases where the children are removed due to drug or alcohol problems, the parent may request to regain custody once he or she has gone through a program and can prove he or she is now living a “clean” life as well as being able to provide for the child.

How to request custody of a child?

1. Fill out the required court forms. In order to request a custody hearing, you will have to fill out a request for an order. This form will require you to divulge information including your request for custody and the facts supporting your request.

How to resolve custody issues with a parent?

Go to mediation. In some states, the court will require you and the other parent to take part in mediation prior to going to court to resolve your custody issues. Mediation gives parents an opportunity to work out their disagreements outside of court and allows the parents to have a bigger impact on the decisions that are made. In mediation, both parents will meet with an expert mediator and discuss their disagreements in an attempt to come to an agreed upon solution. If you and the other parent come to an agreement, the mediator will help you draft a parenting plan and that plan will then be submitted to the judge for approval.

What happens after you file a court request?

After you have filed your request, the clerk of courts will schedule a court date and provide you with that information. In some states, the clerk of courts will also schedule a mediation, which will take place either prior to or in conjunction with your court hearing.

What is a court order?

The court order is a document with the judge's decision and this document will set out exactly what the custody arrangement will be and how it will be enforced. You and the other parent will be required to follow this order or risk legal ramifications.

What is a summons in a family law case?

Summons. The summons is a document you will attach to your petition and it informs the other parent that they are being sued. The summons includes important information about responding to the family law case you are about to file.

What is the main concern of a judge in a child custody case?

The judge's main concern is the well-being of the child.

Who prepares the court order?

In some states, the clerk in the courtroom will prepare the judge's order and file it automatically. In other states, it will be the responsibility of the prevailing party to fill out a court order form and submit it for the judge's signature and filing.

What happens if a parent refuses to give custody of a child?

If the parents refuse to transfer legal custody of their children to a grandparent on a voluntary basis, the grandparent seeking guardianship will need to pursue the matter legally. Before filing for guardianship, it’s a good idea to spend some time gathering evidence and conducting research to prepare the case.

Why do grandparents take over guardianship?

Grandparents often take over guardianship of their grandchildren to legally obtain medical care for the child or remove the child from a difficult or unsafe home. State courts with jurisdiction over matters of custody and family-related issues grant guardianships when specific circumstances of neglect, abuse or dangerous conditions are proven ...

How long does it take for a grandparent to appeal a guardianship order?

If the court decides against granting a guardianship, the grandparent has the right to appeal the decision, usually within 30 days. No matter what the result may be at trial, all parties should make copies of the judgments and orders from the court and keep them in a safe place for future reference. References.

What is a guardian over a minor?

Guardianship over minor children is the l egal grant of limited rights and obligations for the children's care and support. It does not necessarily involve terminating the rights of the parents (although it may). Guardianship grants a caregiver the formal and legal right to provide for the child’s basic needs, including shelter, food, clothing and education. The child’s guardian and grandparent thereafter has the authority to make decisions about the child’s life and future, including medical decisions.

How long does guardianship last?

In other cases, the guardianship may last until the child reaches the age of majority (typically 18 years old). If the child has extensive medical or other needs due to incapacity or illness, the court may authorize the guardianship beyond the child’s 18th birthday.

Can a grandparent file for custody of a grandchild?

Reasons Grandparents Can File for Custody of Grandchild. In cases of abuse , neglect or dangerous home conditions where the safety and well-being of minor children are at risk , state agencies may seek to have the children removed from the home and the care of the parents. In those cases, both courts and social workers prefer to place ...

Who has the authority to make decisions about a child's life and future?

The child’s guardian and grandparent thereafter has the authority to make decisions about the child’s life and future, including medical decisions. In some cases, guardianship may be established for a limited amount of time or until the circumstances that warranted the transfer of rights are resolved to the satisfaction of the courts.

What happens to grandparent custody after death?

Grandparent Custody After the Death of the Custodial Parent. If the custodial parent dies, the court's first choice is often to place the child with the other parent, even if that parent has not been actively involved in the child's life. The second choice tends to be a close blood relative.

How long do grandparents have to care for their grandchildren?

Some courts require that the grandparents care for the child for at least one year before they will grant a custody petition.

What is the legal right of a parent to care for their child?

Courts generally affirm that parents have the legal right to care for and determine what is best for their children. When a third party, including grandparents, seeks custody, the court balances the parents' rights with the child's best interests. Grandparents who believe their grandchild would be best living with them need to present ...

What is the second choice for custody?

The second choice tends to be a close blood relative. If the grandparents are not the only relatives able and willing to care for the child, the court determines who is the best individual to have custody based on the child's best interests.

Can a parent take custody of a child?

Drug or alcohol abuse in the child's home. A parent's mental illness. One parent is unfit, and the other can't or won't take the child. Even in circumstances such as these, grandparents may not get custody if other family members also want the child.

Can a grandparent have custody of a child if both parents are alive?

Grandparent Custody When Both Parents Are Alive. Child custody laws vary by state, but in general, when both parents are alive, the court prefers to place the child with one or both of the parents. Third parties may be able to obtain custody if both parents are unable or unwilling to care for the child. Some circumstances that warrant placing ...

Can you take a child with grandparents?

Drug or alcohol abuse in the child's home. A parent's mental illness. One parent is unfit, and the other can't or won't take the child.