Grandparents can help their children by providing child care and/or economic support. Occasionally, grandparents have to do more than the casual parts of a grandchild’s life. They may need to actually seek custody of their grandchildren.
When the parents of young children have medical issues, substance abuse challenges or even criminal law concerns that lead to their incarceration, they may be unable to meet the needs of their children. Sometimes, grandparents need to step up and pursue custody of their grandchildren to provide them with stability. The three tips below can improve a grandparent’s chance of success if they seek to secure custody of their grandchildren.
Document the pre-existing relationship
Family law judges hearing complicated cases generally need to understand family circumstances. The ability of a grandparent to secure custody or placement of their grandchildren through foster care depends on their biological and social connection. The more evidence grandparents have of a positive, ongoing relationship with their grandchildren, the better their chances of convincing a judge that granting them custody could be in the children’s best interests.
Find evidence of parental challenges
Sometimes, the need for grandparent custody is readily apparent to the courts. Family support agencies in Indiana may have already removed the children from the care of their parents or substantiated claims against them after an investigation. Other times, such as in scenarios involving abandonment or drug abuse, grandparents need to gather evidence of the issues that compromise the parents’ ability to fulfill their parental responsibilities. The more evidence there is of unstable and unsafe circumstances when the children are with their parent, the more likely a judge is to agree to a placement with grandparents even if the parents oppose that choice.
Focus on the big picture
Grandparents seeking custody of their grandchildren need to keep their focus on the big picture. The family law system generally does not move quickly except in true emergency scenarios. Grandparents who remain calm when dealing with family support services and in court can help present themselves as someone capable of meeting their grandchildren’s needs.
Instead of giving up and accepting an informal placement with the permission of the parent, moving forward to establish formal custody arrangements is often the best choice when looking at the long-term future of the children. Otherwise, the parent could rescind their consent at any point and expose the child to a dangerous environment while destabilizing their day-to-day life.
Frequently, grandparents seeking custody of their grandchildren need assistance. Learning about the law and securing the right support can help grandparents step up to protect and provide for their vulnerable grandchildren.
