The
road to securing custody of your grandchild can be a long one, but
there are steps you can take to make the process as easy as possible. An
attorney specializing in family law can be especially helpful when
seeking custody.
There
are several circumstances that may warrant you seeking custody of your
grandchild. If parents die or are incapable of caring for the child, you
may become your grandchild’s legal guardian. There are also situations
you may pursue custody even if the parents are a live and capable of
parenting.
The
first step to securing custody of your grandchild is to find an
attorney. You want an attorney who specializes in family law,
particularly in cases of grandparents’ rights and custody. The right
attorney will help you file a petition for custody with the court. This
petition must be signed by a notary public before you submit it.
Next,
the court will assign you a court date. This process can take weeks or
months, but can occur sooner in some cases. While you wait on your court
date you should organize your evidence or reasons you feel you should
have custody of your grandchild.
Once
your court date arrives you and your attorney must make your case in
court that residing with you is in the best interest of the child in
question. Your attorney can help you make a case as to why you believe
the custodial parent is unfit or why you are more capable to meet the
child’s needs.
A
child may also speak in court as to his or her wishes, depending on the
child’s age. The court will take this into consideration along with any
evidence you and your attorney have presented and the wishes of the
parents. The court will also look at any special needs the child has and
who best can provide care for a child with these needs. It can be
difficult for you as a grandparent to prove that a parent is unfit if
the parent is willing to care for the child.
After
the custody hearing the judge will decide if you are the best guardian
for your grandchild. This can take a long time if parents fight for
custody. If the judge decides to award you custody of your grandchild,
the court will send a court order to you. Parents can also decide to
relinquish custodial rights. You would still have to continue with the
court process to prove you are the best guardian, but the process is
simplified.
Obtaining
custody of your grandchild can be a length and difficult process.
Finding a great family law attorney can help you secure rights as a
grandparent. If you need a grandparents’ rights attorney in Carmel,
visit this website.