Grandparents are often a key foundational element in a child’s upbringing and wellbeing. In some families, they are even the main caregivers. Oftentimes, children develop deep emotional bonds with their grandparents. Sadly, when parents have difficulties, it frequently becomes increasingly difficult for grandparents to sustain their important relationship with their grandchild.
Within child welfare law, a child’s grandparents have distinct legal rights that pertain to visitation and custody of their grandchildren. Depending on the situation, they may have rights to visitation, or even right to be considered for placement of the child when there is DCS involvement.
In situations where parents are unwilling or unable to provide a nurturing environment for a child, grandparents can seek either temporary or permanent custody of their grandchild. In these instances, courts are seeking what is in the “best interests of the child.”
When grandparents need to step in to make certain their grandchild is safe they need to do so promptly. Unfortunately, the path they need to take is not always clear. They may need to file for one of half a dozen things depending on the situation like: Permanent guardianship, temporary guardianship, intervention, adoption, visitation, and more. In a grandparents rights situation an experienced attorney is a much needed guide through a complicated legal process.
Regardless of how clear-cut or simple your case may seem, child welfare matters are almost always complicated at some point in time. It is imperative to retain a capable and qualified attorney to represent you and your family.
Contact us today if you or a loved one is fighting for a child. The attorneys of Michael & Casey have worked hundreds of child welfare cases and will put their experience to work for you.
What Rights Do Grandparents Have To See Their Grandchildren?
Grandparents’ rights in a divorce or a family law case are different than the grandparents’ rights in a Department of Child Safety case. Arizona recognizes that children in foster care should be placed with grandparents where possible. For those cases, grandparents often have to file to become a party to the Department of Child Safety case. They will have to file a motion for the court to even be heard.
In family law, grandparents have to meet the qualifications under the statute to be granted rights, which essentially require that either one of the parents is deceased or the parents are unmarried or divorced. If the parents are married to each other, it is very difficult to get grandparents’ rights because the court presumes that the two parents make decisions in the best interest of their children. Read More
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