Legal Issues
Does your grandchild live with you? Chances are it started out as an informal arrangement. You probably thought the child would stay for a short time. In the eyes of the law, the parent was still in charge. You had no legal rights or legal relationship to your grandchild. You could not make decisions for the child. You were an "informal" caregiver.
After a while, some grandparent caregivers find that it's hard to raise their grandchildren without some legal rights or a formal legal relationship. These grandparents may have trouble enrolling their grandchildren in school. They may not be able to give a doctor permission to treat their grandchild. They worry that an unfit parent may come back and take the child away. And often they have trouble getting financial help to raise the child. To get more rights, these grandparents may ask the court to help. They may ask to change their legal relationship to the grandchildren they are raising by getting legal custody or guardianship, or they may ask to adopt their grandchildren. Other grandparents may not take those steps, but they may find other legal options that will help.
Changing your legal relationship is a big decision. If the parents will not willingly give you legal custody, then you will need to hire an attorney and sue your grandchild's parents in court. You will have to prove that those parents are not fit to raise their child. You must also prove that your new legal relationship with your grandchild is the best thing for the child. This kind of legal action can tear a family apart.
Before you make any decisions, be sure to learn about all the legal options your state gives you. You may be surprised at how many options you have. You may be able to become a foster parent to your grandchild. You may be able to adopt. You might become a legal guardian or ask for custody. In some states you can fill out a simple form that lets you get some services, like medical care or school enrollment, for your grandchild. Make sure you know the differences between the options. Find out how each option will affect you and your family.
Remember, each state law is different. Your legal options will depend on where you live. You may need a family law attorney to help you sort things out. For low-income families, contact your local Legal Aid Society.
In a unique national partnership, AARP Foundation, Brookdale Foundation Group, Casey Family Programs, Child Welfare League of America, Children's Defense Fund, and Generations United have compiled and released state fact sheets and one national fact sheet that include:
- Census data on the number of grandparent caregivers and the children they are raising
- A comprehensive list of local programs, resources and services
- State foster care policies for kinship (grandparent and other relative) caregivers
- Information about key public benefit programs
- Important state laws
- National organizations that may be of help
This valuable guide is available at grandfactsheets.org
