Custody of your grandchild is quite a challenging task that should not be taken casually or without any idea of what the bearer will have to go through. It may be due to the inability of the biological parents to produce the child, their disability or otherwise inability; most grandparents are usually the caretakers of their grandchildren. If one can familiarise oneself with legal procedures and processes, it is wise to do so since it is quite rigorous but very rewarding.
Guardianship
This is a legal way through which a grandparent, or anyone else, gets authority to make decisions concerning the welfare, education or health of the child. This has to do with matters concerning the child like his education, health, and any other subject that relates to the wellbeing of the child. While adoption virtually removes parental rights and responsibilities, guardianship suspends them temporarily and partially delegates them to the guardian.
Guardianship may be needed where the biological parents are unable to do so in some aspects- due to substance abuse, imprisonment or mental illness. In such circumstances, the grandparents may seek custody with a view to protecting their grandchildren.
Legal Process of Obtaining Guardianship
The process of getting guardianship varies from one state to another; therefore, the following are the most commonly followed. In most cases, you will have to appear personally at the court and present a petition showing that it would be in the best interest of the child for you to be granted the powers of a legal guardian. Let’s take a look at how can I get guardianship of my grandchildren:
Filing a Petition:
The initial procedure that has to be taken before one can be granted custody for the child is to present a petition to the court. This petition should include details about your connection to the child; explaining why guardianship is needed; and, where the child is at present.
Notice to Parents:
In most circumstances, the biological parents have to be informed of your filing of a petition for guardianship. They have the right to exercise an opposition and a court might demand a hearing over such an issue.
Home Study and Investigation:
Many states have provisions that check your ability to run a home or conduct a home study or investigation on that behalf. This can be an interview, a check of your references, and an inspection of the place where you live.
Court Hearing:
A judge is then going to read through your petition and through such forms as the home study and then decide whether or not you should be granted the guardianship of the child. The court’s main interest is always the best interest of the child, and the judge may look at issues, for instance, whether you have a suitable place to provide for the child.
Ongoing Responsibilities:
If the current application for guardianship is granted, one will have to offer the basic needs and financial support and make decisions for the child. One may be required to file status reports before the court, occasionally indicating the welfare of the child.
Role of Legal Guidance
On the basis of the factors elaborated above, the procedure of obtaining guardianship is very complicated, and it is advisable to consult a lawyer. A licensed lawyer is capable of explaining any potential legalities that apply to you and your state, completing all the paperwork, and, if necessary, proceeding to represent you in a court of law. Nevertheless, do not be blinded by cheap services while looking for an attorney; ensure that the attorney you hire is specialised in family law.
Challenges and Considerations
Despite the fact that considering guardianship as a way of protecting your grandchildren may be beneficial, there are certain difficulties implied. Legal matters generally involve legal procedures, which can be lengthy and stressful if there is a dispute of the biological parents over the child. In conclusion, protecting a ward involves expenses of both time and finance, emotionally challenging and a very demanding task.
Some of the recommendations for increasing awareness include exploring the consequences of guardianship for the long-term and consulting with family members, external resources, and lawyers. Such support can assist you in managing difficulties encountered along the process of adoption of the guardianship and can guarantee a stable environment for your grandchildren.
Conclusion
It is a big step to take when you decide to become the legal guardian of your grandchildren, which is a good thing that will give the child the support he/she needs in difficult times. Knowledge and awareness of the legal matters and likely tasks to be assumed by one with guardianship empowers you with the best solutions for your grandchildren’s future.
