what kind of lawyer do i need to see my grandchild

Full Answer

Where can I get free legal advice for Grandparents Raising Grandchildren?

A number of agencies and organizations are devoted to helping grandparents raising grandchildren, and free legal advice is often available from Legal Aid or similar agencies. Grandparents may be able to file some of the paperwork themselves, which can cut down on legal costs considerably.

How can I get involved with my Grandchildren’s guardianship?

When you’re seeking to get involved with your grandchildren’s guardianship, you need to be realistic about who you’re fighting against. You need to maintain peace at all costs with your children, as they could make it harder for you to get the custody you’re seeking.

What legal relationships do grandparents have with their grandchildren?

But parenting grandparents usually have one of the following legal relationships with their grandchildren. 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."

Do grandparents need a power of attorney?

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 to do when you are not allowed to see your grandchildren?

The issue of whether or not visitation rights extend to grandparents is a matter for the family courts to decide. You may wish to consult with and/or obtain the services of an attorney who practices in the area of family law in your State.

Do grandparents have any rights in South Carolina?

In South Carolina, grandparents' rights are derivative of their child's rights. This means that in typical circumstances, a grandparent may visit with a grandchild only when the grandparent's child has visitation.

What rights do grandparents have in PA?

Pennsylvania has established the Grandparent Visitation Act to provide partial custody rights for grandparents. Under this law, grandparents can file for legal visitation with grandchildren under certain circumstances.

Can grandparents get visitation rights in NJ?

New Jersey's Grandparents and Sibling Visitation Statute allows a grandparent of a child residing in New Jersey to make an application for visitation. The applicant must prove that the visitation is in the best interest of the child.

Can grandparents sue for visitation rights in SC?

Grandparent Visitation in South Carolina Specifically, a grandparent may be entitled to visitation where either of the child's parents are deceased, divorced, or are living separate and apart, and: the child's parents are unreasonably preventing the grandparents from visiting with their child.

Can grandparents sue for visitation?

According to Theron, grandparents are legally "considered interested third parties" and, via The Children's Act, "have the right to apply for contact with the child – either through the Children's Court or the High Court."

How long does a father have to be absent to lose his rights in PA?

The parent is the father of the child through rape or incest. The child has been removed from the parent's care for over 12 months, and the conditions that caused the removal still persist.

What are grandparents rights?

In NSW, grandparents do not have a legal right to a relationship with a child to the same capacity as a parent does. However, because grandparents and relatives are usually considered significant people in a child's life, you can apply for a parenting order to gain visitation rights.

Can grandparents get custody?

Grandparents can also get custody of their grandchildren in situations where parents are unable to care for their children. This can be done by grandparents obtaining temporary or permanent custody which is also known as special or legal guardianship. Grandparents also have the option of adopting their grandchildren.

Do I have a right to see my grandchildren?

You do not have any legal rights to see your grandchildren.

Can a grandparent file for custody in NJ?

New Jersey's Grandparent Visitation Statute In New Jersey, grandparents who reside in the state can petition for visitation or custody, even over the objection of the child's parents.

How do I file for visitation rights in NJ?

You would file an application with the family division in the county where the child resides, if the child does not reside with you. If your child lives out of New Jersey, generally the court where the child now lives would have jurisdiction, so you would file there.

When Can Grandparents Petition For Visitation?

Certain circumstances must exist before a grandparent can ask a court for visitation privileges. Specifically, many states require a grandparent to...

Do A Parent’S Feelings on Grandparent Visitation Matter?

Although each state has its own grandparent visitation laws, the U.S. Supreme Court case, Troxel v. Granville, set some parameters for visitation t...

When Can I Seek Custody of A Grandchild?

In limited circumstances, a grandparent may be able to obtain custody of a grandchild. These situations are typically limited to those where a pare...

Do Grandparents Have A Right to A Court Hearing on Visitation Or Custody?

Visitation and custody decisions aren’t made lightly. Rarely will a judge issue a visitation order without holding a formal hearing where each side...

Questions For Your Attorney

1. My son’s ex-wife has taken my grandkids to another state and prevents any contact. What can I do? 2. My daughter and her husband, who live 15 mi...

How to petition for grandparent visitation?

In cases where a grandparent is able to petition the court for visitation, there are certain requirements in place before the petition will be granted: 1 The grandparent (s) will need to prove that it is in the child’s best interests for visitation to be enforced by the court. 2 In some cases, this means simply proving that the child will be better off with mandated visitation. 3 In states that afford grandparents the least protection, the grandparent may actually have to prove that it will be harmful to the child to deny visitation.

Can a child petition for visitation?

If your child has already agreed to a divorce agreement that does not provide for mandated grandparent visitation, then your child may be able to petition the court for a change in the agreement, even if you can’t.

Can I get visitation as a grandparent?

Because the laws differ by state, and because getting visitation as a grandparent can be an uphill battle, you will want to speak with a lawyer if you are considering embarking on a suit to compel visitation with your grandchildren.

What is the Supreme Court case about grandparent visitation?

Although each state has its own grandparent visitation laws, the U.S. Supreme Court case, Troxel v. Granville, set some parameters for visitation that are followed in every state. A court must consider a parent’s wishes and reasons for preventing grandparent visitation when deciding whether visits are appropriate.

Can a judge make a determination without evaluating the child's current living circumstances?

A judge can’t make that determination without at least evaluating the child’s current living circumstances, the parent-child relationship, the grandparent-grandchild bond, and the grandparents’ relationship with the child’s parents.

Can a grandparent get custody of a grandchild?

In limited circumstances, a grandparent may be able to obtain custody of a grandchild. These situations are typically limited to those where a parent is unfit. However, one parent’s abuse or neglect of a child isn’t usually enough for a grandparent to get custody.

Can a grandparent intervene in a divorce?

Specifically, many states require a grandparent to intervene in a custody proceeding as part of a divorce or separation. Only a few states allow grandparents to file a petition (written request) for visitation that is not a part of a divorce or custody case.

Can a grandparent be a controlling parent?

However, a parent’s wishes, while persuasive, aren’t controlling. A judge will award a grandparent substantial time with a grandchild if it’s in the child’s best interests. While the rules governing grandparent visitation vary from state to state, generally, a parent must be preventing visits before a grandparent can seek court intervention.

Do grandparent visits infringe on child rights?

Also, a judge must ensure that grandparent visitation—even if it would be positive for a child—doesn’t infringe on either parent’s rights to time with the child. For example, if the grandparent visits put an unnecessary strain on the parents or parent-child relationship, a judge won’t award visitation.

Can a judge issue a visitation order without a hearing?

Rarely will a judge issue a visitation order without holding a formal hearing where each side presents evidence, usually including witnesses. Ultimately, a court will need to decide that grandparent visitation or a change in custody would help the child and provide stability and security in the child’s life.

What to consider when aiming for custody of grandchildren?

1. Understand the Stakes. When you’re seeking to get involved with your grandchildren’s guardianship, you need to be realistic about who you’re fighting against.

How many grandparents have custody of their grandchildren?

Around the country, nearly 3 million grandparents are raising their grandchildren instead of biological parents. This is so normal that judges and legal systems across the country know how to grant this custody in a standardized manner. IF you’re trying to figure out how to get custody of your grandchild, patience will be your ally ...

What are the issues that courts and judges will be most receptive to?

The issues that courts and judges will be most receptive to are going to be centered around the safety of children. Your most strategic advantages will lie in taking advantage of situations where parents can’t take care of the children safely.

Can grandparents advocate for their own custody?

One of the times that grandparents will sometimes try to get in the middle of a custody battle and advocate their own guardianship. This might seem like a good opportunity, but ultimately it’s a bad look for grandparents.

Can a judge see if both parents are fit to care for their children?

If both of the children’s parents are willing to come to court and testify, the judge is likely to see them both as potentially fit to care for the children. This might be hard for you to face, but you have to see the people you’re fighting against are your own children.

Can my grandchildren open up to me?

Visitation rights can be powerful. If your grandchildren can’t trust other adults and don’t feel safe with their parents, they could open up to you. When push comes to shove, they could testify on your behalf if you seek custody at a later date.

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 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 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 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.

How long does a grandchild live with grandparents?

3) The grandchild lived with grandparents or great-grandparents for a period of 12 months or more , and was then removed from the home by the minor’s parents.

Can a grandparent see a minor in Minnesota?

Under Minnesota law, grandparents do not have automatic rights to see minor grandchildren ( less than 18 years of age). In some circumstances, a grandparent can establish those rights by court order. Without such a court order, the parents decide who the minor children associate with.

Why do you need a family attorney for custody of a grandchild?

If you're serious about getting custody, retaining a reputable family attorney is essential because you'll have to prove that there's a special circumstance that makes it in your grandchild's best interest for you to have custody. Ensure your loved ones and property are protected LEARN MORE. About the Author.

How to get custody of a grandchild?

Whether you can get custody of your grandchild, even if your adult child doesn't permit it, depends on several factors, including where you live. Some states require one of the following situations before granting a grandparent custody: 1 Either one or both of the parents has passed away. 2 The parents are unfit, with issues such as alcohol or drug addiction, crime, mental illness, neglect, or abuse. 3 The parents are either divorced or are no longer an intact couple. 4 The parents—or one parent, if the other parent's whereabouts are unknown— agree to have the grandparents take custody. 5 During an investigation by child protective services, custody is given to the grandparents to keep the child safe. 6 The grandchild was already living with the grandparent when another situation occurs, such as a single parent going to prison. 7 The grandchild is old enough to tell a judge they want to live with their grandparents. 8 A court grants joint custody to a young mother and a grandparent until the mother is able to take care of the child herself. 9 Both parents pass away unexpectedly and the grandparents are guardians in a will.

What happens if a grandparent is denied custody?

If the court denies a grandparent custody, they might still get visitation rights, which, although easier to obtain, are also often denied. Custody could be denied for many reasons that have nothing to do with the above scenarios. For example, if the grandparents are unable to drive, they would have trouble taking the child to activities, ...

Why do grandparents get custody of their children?

During an investigation by child protective services, custody is given to the grandparents to keep the child safe. The grandchild was already living with the grandparent when another situation occurs, such as a single parent going to prison.

What are the conditions for a grandparent to have custody?

Some states require one of the following situations before granting a grandparent custody: Either one or both of the parents has passed away. The parents are unfit, with issues such as alcohol or drug addiction, crime, mental illness, neglect, or abuse. The parents are either divorced or are no longer an intact couple.

Can grandparents take their adult child to court?

Grandparents Taking Their Adult Child to Court. Most of the above scenarios require grandparents to file a child custody petition in court before obtaining custody. If you can show that you had been actively involved in the child's life until your adult child interfered, then a judge may allow your case to go to trial.

Can a grandchild stay with their parents?

No matter what the situation, obtaining custody of a grandchild is difficult, particularly if younger family members or close friends of the parents are deemed more suitable as guardians. Additionally, the child may stay with their parents under certain conditions, such as the mother entering addiction rehabilitation.

Why do grandparents balk at legalizing their grandchildren?

Grandparents frequently balk at legalizing their relationship with their grandchildren because they fear the reaction of the children's parents. Grandparents may fear to cause a permanent rift between themselves and an adult child, no matter how dysfunctional that child may be as a parent.

Why should grandparents seek guardianship?

When grandparents find themselves raising grandchildren, there are some good reasons why they should seek guardianship, primarily to prevent the children from being summarily taken back by the parents. Although courts give parents special consideration in custody cases, if the grandparents lack legal ...

Why are grandparents cut off?

One in 10 children in the United States lives with a grandparent. 1  A third of these households have no parents present at all, so the grandparents are raising their grandchildren by themselves. These households are sometimes called skip generation families.

What is the legal term for a minor child?

Guardianship is a legal term referring to the relationship between a minor child and someone other than a parent who is caring for that child. It can describe the relationship between grandchildren and grandparents who parent them, although its use is not limited to grandparents. Guardianship is the form of grandparent custody that gives grandparents the most rights without the actual adoption of the grandchildren. 3

What are the rights of a guardian?

Guardians have decision-making rights in the areas of education and medical care , including psychological and psychiatric care. 3 In some states, guardians have additional rights, including the right to name alternate guardians for the children in their care.

Can grandparents be legal foster parents?

Some grandparents raising grandchildren become legal foster parents. Taking this step enables them to access a wider variety of resources than what is available to those in informal arrangements. They may receive payment for fostering and may qualify for some legal services.

Can grandparents represent themselves in court?

Sometimes grandparents can even represent themselves in court. Almost universally, grandparents want what is best for their grandchildren. In some cases that means being with their grandparents. In such cases, it's best to make grandparent custody legal. Grandparent Visitation Rights.