.We
are not lawyers or judges here.
But we, as grandparents and
special other raising children, have been in and out of courtrooms
more than we care to think about. This section is intended
not as legal advice, but as information to guide you as you
move through the legal and social services system to protect
the children who are so dear to your heart. We urge all who
take their grandchildren into their homes to get a qualified
lawyer who specializes in Family Law to protect their rights
and the rights of the children.
The Different LEGAL Status
of Grandparents Raising Grandchildren
Currently, the U.S. Census
Bureau estimates that there are more than four million U.S.
children living in homes in which a grandparent is the primary
caregiver. In nearly a third of these homes, there is no parent
present. These grandparents have differing legal status
depending on the situation that brought the children under
their care.
This page is a general explanation
in plain language of the differing legal status of grandparents
raising grandchildren. Be aware though that the laws vary
from state to state so be sure to discuss this with a licensed
attorney in your state before making any decisions or changes.
Supportive Grandparents;
Grandchildren often live with
Grandparents with an informal arrangement between the grandparents
and the children's parents. Sometimes one or both parent resides
in the home too. This can be either a big happy extended family
setting or one of stress. If the grandparents and the parents
have similar parenting styles and everyone respects
each other then this is a very good environment to raise children.
However some times this relationship
does not work. The Parents of the children may not be present
in the home, or may be present but unable to care for the
grandchild. Often the Grandparents feels used and disrespected.
If the Grandparents object to the lifestyles of the parent
or complain about things the answer they get is "Ok I will
just take the kids and leave! You'll never see them again."
At this point these grandparents have no legal status to intervene.
Fostering Grandparents;
Fostering grandparents are
those who have physical custody of their grandchildren while
the state Child Protection Services Dept. (CPS) holds LEGAL
CUSTODY of the children. In these cases the children have
been removed from the parents home due to abandonment, abuse
or neglect, or other causes. Fostering Grandparents provide
the day to day care of grandchildren, and have the authority
to make medical, some educational and other decisions regarding
the children. They usually are given financial help for the
needs of the grandchildren. But fostering grandparents must
still answer to the state agency that placed the children
in their home. If they do not comply with the plan set forth
the children can be removed from the home and placed in regular
foster care. This is a good TEMPORARY solution if the grandparent
feels as if the problems that caused the removal of the children
from the parent(s) will be resolved quickly.
Temporary Guardianship;
Grandparents who have gone
to court for custody of their grandchildren may be granted
temporary guardianship. This gives the grandparent(s) custody
and control of the child. They may make all the decisions
regarding the heath and well being of their grandchildren.
They must however return to court periodically and review
the case and comply with court orders regarding visitation
and other matters. The parents of the children may be required
to pay child support to the grandparents or the state for
the care of the children. Many times a the parents of the
child will be given a parental rehabilitation plan to complete
so that they may regain custody of the children. If the parents
of the child do not or can not comply with the requirements
of the court and regain custody of the children the court
may make a permanent plan for the children. If the grandparents
are willing and able they may be granted permanent custody
of the children.
Permanent Guardianship;
Grandparents with Permanent
guardianship have the custody and control of the child.
They may make all the decisions regarding the heath
and well being of their grandchildren. The parents of the
children usually have been removed as guardians and have no
say as to the care of their children. They do however still
retain parental rights and may be given visitation privileges
by the court. The parents of the children may be required
to pay child support to the grandparents or the state for
the care of the children. Permanent custody is given if the
court feels that the parents can not or will not comply with
the parental rehabilitation plan set by the court. However
even with so called permanent guardianship the Parents of
the children have the right to petition the court and be heard
if they feel they have rehabilitated themselves and are able
to parent the children. If in fact the court feels the parents
are ready and able to properly care for their children, they
may be returned to the parents custody and the grandparents
guardianship is terminated.
Adoption
Some grandparents choose to
adopt their grandchildren. The rights of the parents of the
children are terminated and the grandchildren become the legal
children of the grandparents. Adoption is the only true permanent
custody a grandparent can have to keep custody of their
grandchildren. Once an adoption is complete the former parents
of the child have no rights or responsibility to the children.
To submit
articles of interest to parenting grandparents and other
kinship caregivers send e-mail to
