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.Know More
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.Learn more about Child Support & Custody
Grandparents have no automatic legal rights in any state, according to AARP. As of 2013, 37 states afford grandparents the right to petition the court for visitation regardless of the marital status of the parents, according to the American Bar Association.Full Answer >
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 >
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 >
Custody and divorce laws vary by state, but FindLaw offers a free download of a template form to apply for child custody based on the state of legal residence. In addition, the website also has a comprehensive list of state laws pertaining to child custody and spousal support provisions.Full Answer >