A 2014 study found that nearly eight million children live in an extended family with a grandparent living in the same household with their children and grandchildren. Around three million grandparents take care of the daily needs of their grandchildren who live with them. Some households have informal custody agreements without a court order. Do grandparents have custody? Most states only allow visits, but Maryland allows grandparents to have custody under certain circumstances.
What are the reasons for grandparent custody?
The traditional atomic family has changed to variations of this arrangement. Parents can divorce and remarry. Parents are never allowed to marry each other. Single parenting is a fact of life. The longer we live, the greater the number of grandparents.
There are also new changes in every household with children. The opioid crisis evolved from prescription drugs for pain relief. Drug and alcohol addictions can ruin household dynamics. Statistically, there are more cases of loss of parental control due to addictions and an increase in grandparents offering to raise grandchildren at home.
A report from the American Academy of Pediatrics concluded that relatives such as grandparents are crucial in replacing parents who traumatize their children. Raising a child requires intimacy and love, usually from a blood relative.
Drug addiction is one of the many dangers to children that is addressed in a custody application. There is child neglect. There is physical and emotional abuse and sexual abuse.
Grandparents’ love and affection is only part of the evidence required for grandparent custody.
What are the differences between visiting and custody?
Almost every federal state provides for grandparents to visit with their grandchildren. Custody is a different matter.
The visit enables a grandparent to spend time with their grandchild according to defined and clear guidelines and rules. Visiting conditions can include days, hours, and the manner in which the visit was conducted. Visiting the grandparents should preserve the family relationship between the generations.
Custody is much more than just a visit.
There are two types of custody in Maryland: legal custody, where decisions about the child’s health and welfare are left to the guardian; and physical custody who takes on day-to-day responsibilities. The court may decide to combine the two types of custody.
Usually custody exists on the basis of a court order, unless custody lasts for a limited time or until the court decides otherwise.
One hallmark of custody is the assumption that the birth parents or adoptive parents should have full custody of their children.
What are the requirements for filing a custody application in Maryland?
The application for custody is only the beginning of the process. Grandparents should know that submitting the petition can destroy relationships with their children. There are limited exceptions, e.g. B. if the parent has a health situation that prevents them from taking over the guardianship.
On the way to the care of your grandparents, you have to climb steep hills to get the court to act.
The application to the court should contain pertinent facts such as the following:
The age of the child, especially if the grandparents have already taken on care responsibilities, is important.
How long was the child separated from its parents and under what circumstances?
Has the parent taken steps to restore custody?
Considering the emotional impact of a custody case and the implications of how strong is the emotional bond between grandparents and grandchildren?
Has the parent shown or failed to act that shows a determined desire to regain or resume custody?
Are there physical challenges for a grandparent’s guardian due to age differences between the grandparents and parents?
Is the home safe for the grandchild?
Did the grandparents and / or parents carry out professional therapy for the well-being of the child or to change the custody situation?
If neglect or abuse is alleged, it can be done by the parents or another adult in the house, where the parents do not intervene and prevent the abuse. These other adults can be companions or substitute providers. They are not directly related to the child.
Cases where a custodial parent with a mental illness is not receiving treatment or is taking their medication can constitute a home from which the child should be removed and given to another caregiver. Social services can consider grandparents’ homes or adult children or agencies or foster families.
How can grandparents expect a court reaction?
The grandparent has to prove that their child, the parent, is no longer eligible for custody and that their home is the best option.
This is usually a difficult task, and even more so when a loving grandparent has to decide whether to leave their grandchild with their child or seek a court of law to step in and physically remove the grandchild and place them in the care of the grandparents .
The court will carefully examine your application and your evidence. It will search for any missing information. The court must be open to your case and your arguments.
Your grandchild’s well-being deserves your best at all times and especially when filing a custody application.
Lawyers can successfully lead grandparents seeking custody
You can submit the application yourself. The process is difficult and emotional. You may be reluctant to give the facts and explain your case.
There is one more variable in the process. The court can, and often asks, questions of the parties in order to tease out information that neither party wants to share. Families sometimes keep secrets because if the facts were known, embarrassment, shame, or anger could ensue.
Experienced and professional lawyers with knowledge of family law will bring you closer to your goal. Lawyers in this area of law bring their legal background and accomplishments with them when they go to court.
These attorneys also take another point of view which clarifies and summarizes what needs to be alleged and demonstrated in order to provide the court with the necessary and necessary information.
In addition, the proceedings may at some point be discontinued. Relationships can be repaired and responsibilities can be clearly defined.
The court can request psychological reports from the parties and the child. Or the court can propose mediation to de-traumatize the situation.
Each grandparent custody case has its own set of facts, along with one or more children, which can be so different that one child in the care of the parent may or may not want to have custody of its grandparent while the other child may want the opposite . The age of the children and their level of education are some of the factors that influence their preferences. A family lawyer with experience and judgment can be invaluable in leading the process so that the grandparents get the desired outcome.
Towson Family Law Lawyers at Huesman, Jones & Miles, LLC help grandparents understand and defend their rights
If you are the grandparent of children whose parents are divorced, you may have questions or problems about how you interact with the children or whether they would be better off in your care. The Towson family law attorneys at Huesman, Jones & Miles, LLC can give you the information and compassionate assistance you need. Our team defends your rights. For more information and a free consultation, fill out our online form or call us at 443-589-0150. Based in Hunt Valley and Towson, Maryland, we serve customers across Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll Counties, Harford Counties, and Howard Counties.
Visit us at: https://www.huesmanjonesandmiles.com/
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