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.Continue Reading
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
The process for appealing a child support decision involves filing a Notice of Appeal, transcripts of the lower court hearing, and a written brief of the appeal with an appellate court, according to LegalZoom. Although the process may be slow, convincing the court of the urgency of the matter may help to speed up the process. However, the court reserves the discretion to grant or deny the request to speed up the process.Full Answer >
The typical procedure for a child support case involves making a formal application, establishing paternity, attending the court hearing and receiving the final determination from the court. A court process is often initiated when the child's parents do not reach an agreement regarding custodial rights, notes Findlaw.Full Answer >
All 50 states provide some rights for grandparents to gain custody or receive court-mandated visitation with their grandchildren, says Grandparents.com. Most laws that concern grandparents' rights are less than 35 years old. Several courts ruled that state laws giving visitation rights to grandparents are unconstitutional.Full Answer >
As of February 2015, all states have statutes allowing grandparents the right to seek visitation with or custody of a grandchild, according to the American Grandparents Association. These laws are not absolute and vary by state regarding the circumstances or grounds on which a petition is granted.Full Answer >