Thursday, June 17, 2010

Child Custody and Grandparents

Child Custody and Grandparents

Child Custody and Grandparents

When a marriage falls apart and children are sent to stay with one of the parents, the parents of the other parent have reason to be concerned. What happens to their rights and their interest in not losing contact with their grandchildren? They worry that they may never see their grandchildren again. Hence, it has been observed that some grandparents would appreciate visitation rights too. Below is some information about child custody and grandparents.

Child custody can be fought for by grandparents, if they can prove that it is in the best interest of their grandchildren. The legal system would prefer to grant custody to either parent or both parents jointly. However, if parents are abusive and/or have neglected and abandoned their children, grandparents can fight for custody. Courts will take a lenient view towards child custody and grandparents, if the grandparents are the main providers and the children have lived with them largely.

The other option grandparents have is guardianship of grandchildren. This means that the grandparents are legally responsible for the grandchildren. Grandparents get to play the role of parents without getting embroiled in long drawn out custody battles. They can choose which schools to send the children to and make decisions regarding their medical affairs. Guardianship offers a way out for child custody and grandparents. Grandchildren may or may not stay with the grandparents, but the grandparents do have a prominent say in the lives of their grandchildren.

On the other hand, there are grandparents who don't want custody of their grandchildren, they only want visitation rights. They want to be assured that they will still be involved in the lives of their grandchildren post the divorce. Unfortunately, there are no laws that support visitation rights and grandchildren. The only recourse for them would be to take a neutral stand and stay friends with the other side as well. Support their child, but don't alienate the other. They can offer to babysit whenever needed and that way enjoy time with their grandchildren. Almost like backdoor entry to 'child custody and grandparents'.

Parents of warring couples don't necessarily need to take sides. Certainly they should be there for their child, but they shouldn't unnecessarily antagonize the other party either. In fact, depending on the circumstances they could even be kind to the other side, especially if the relations were cordial during the marriage. Most people would appreciate help and support from the other side. This would even encourage them to keep in touch in future, thereby ensuring that grandparents get to spend quality time with their grandchildren in times to come. Another indirect way of child custody and grandparents; being made to happen outside of the legal system.

If grandparents express their heartfelt desire to continue to maintain contact with their grandchildren, in all likelihood their children will respond sympathetically. They will probably work out an amicable arrangement wherein there are regular visits and grandchildren don't forget their grandparents and vice-versa.


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