Q:

How are grandparents given temporary custody of grandchildren?

A:

Grandparents may get temporary custody of grandchildren by going through a process of submitting an application and receiving legal approval, typically accomplished through at least one court hearing. The specifics of temporary custody of grandchildren vary among states since the issue of custodianship falls within the domain of state power as opposed to federal power. Receiving temporary custody allows grandparents to have the rights to care for grandchildren when children would otherwise not have legal guardians or be in unsafe situations.

 

In the United States, probate courts award grandparents immediate custody of minors (children under the age of 18) when other relatives and caregivers give the children to grandparents. Families attend court hearings in probate courts, which typically grant emergency custodian rights to grandparents, then set a second follow-up hearing in a given number of days.

For less urgent situations, grandparents follow a formal application process to submit a request asking for guardianship of grandchildren. Grandparents send completed applications to probate courts, which then usually schedule hearings within one month to determine whether or not to give grandparents the right to become guardians. While waiting for a hearing, grandparents usually speak with social workers. Social workers evaluate situations on a case-by-case basis, and may spend time with children and grandparents to make sure arrangements meet both needs.

 

Sources:

  1. 211ct.org

Is this answer helpful?

Similar Questions

  • Q:

    Do grandparents get visitation rights?

    A:

    As the American Association of Retired Persons explains, grandparents do not have automatic visitation rights to see their grandchildren; however, some states allow grandparents to petition the court to grant visitation rights in specific situations. The criteria used by courts to grant visitation to grandparents varies by state but generally take into account the marital status of the parents and the prior relationship between the grandparent and grandchild.

    Full Answer >
  • Q:

    What is the difference between custody and guardianship?

    A:

    According to the 7th Judicial Circuit Court of Clay County, Mo., custody is a legal arrangement made by the court for the parents of a minor child. Guardianship is a court-ordered arrangement for the care of a minor child by a qualified third party. Guardianship is assigned to a qualified adult when a minor's parents are unwilling or unable to fulfill their obligations as parents.

    Full Answer >
  • Q:

    What can you expect at a temporary custody hearing?

    A:

    Attorney Gregory S. Forman explains that at a temporary custody hearing, the court uses affidavits, pleadings and financial documentation to determine the short-term custody arrangement between parents. If one of the parents can prove extenuating circumstances, the court may also allow testimony to be heard during a temporary custody hearing. The temporary custody order is in effect until a permanent custody arrangement is determined at trial.

    Full Answer >
  • Q:

    How do you undo temporary custody papers?

    A:

    Changes to a temporary custody order can be made by filing a petition for modification in court. In this case, a hearing is held and evidence for changed circumstances must be shown, states Lawyers.com. A modification may also be sought through a petition for a habeas corpus proceeding.

    Full Answer >

Explore