How to Get Custody of Your Grandchild

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.