When people have children most assume those children will grow up, find a partner, settle down and start a family of their own. When individuals think about having grandchildren, they probably envision visiting them and taking them out for treats. Then the grandparents go back home having enjoyed the time spent. Unfortunately in Durham, NC and elsewhere, there seems to be a growing trend where grandparents end up raising their grandchildren. In Durham, NC when they seek official grandparent custody Durham NC seniors sometimes find it confusing and frustrating however.
It is not unusual for the older generation to think they know more about rearing children than their own children do. They can offer unsolicited advice, but should avoid criticism unless they want to risk restricted access to their grandchildren. Actually trying to take those children from the parents is difficult and can be almost impossible. Courts and family services side with the parents if at all possible.
Grandparents may be able to seek legal rights to grandchildren if there is drug abuse or illegal drug activity in the home. Not all states recognize abuse of illegal substances sufficient grounds for removing the child from the parental home however. You may have to prove parents actually gave drugs to the children. In some states ingesting drugs during pregnancy is considered child abuse, but not in all.
Commonly parents with substance abuse and other serious problems end up abandoning their children to the grandparents. This can happen suddenly or over time. A parent may drop children off at the grandparents for the day and never show back up. In other circumstances, children spend more and more time with the grandparents until they are there all the time.
Sometimes children lose parents through death or imprisonment. When this happens grandparents can attempt to formalize their custodial relationship in the courts. It can still be difficult, because the judge is not required to give grandparents preferential treatment when it comes custodial rights. Many grandparents maintain an informal status filing paperwork so they have the authority to make medical and educational decisions.
Grandparents determined to get legal guardianship of their grandchildren often have a difficult time convincing the court they should have custodial care. They have more influence with a judge if they have already taken primary responsibility of the minors because the parents have abandoned their rights, have been proven abusive, or have been convicted of a serious crime. Grandparents will also have to prove granting them guardianship is in the best interest of the children.
Seniors involved in these types of situations should clearly understand that guardianship is not the same as adoption. If the parent's circumstances change, and they can prove they have the means and the ability to safely raise their children, the courts can, and often do, return the minors to the parental home and terminate the custodial rights of the grandparents.
Family emotions can run high when children are involved. Relatives don't always agree on what is in their best interest. When grandparents try to prove they are a better choice than a parent, the courts may or may not agree.
It is not unusual for the older generation to think they know more about rearing children than their own children do. They can offer unsolicited advice, but should avoid criticism unless they want to risk restricted access to their grandchildren. Actually trying to take those children from the parents is difficult and can be almost impossible. Courts and family services side with the parents if at all possible.
Grandparents may be able to seek legal rights to grandchildren if there is drug abuse or illegal drug activity in the home. Not all states recognize abuse of illegal substances sufficient grounds for removing the child from the parental home however. You may have to prove parents actually gave drugs to the children. In some states ingesting drugs during pregnancy is considered child abuse, but not in all.
Commonly parents with substance abuse and other serious problems end up abandoning their children to the grandparents. This can happen suddenly or over time. A parent may drop children off at the grandparents for the day and never show back up. In other circumstances, children spend more and more time with the grandparents until they are there all the time.
Sometimes children lose parents through death or imprisonment. When this happens grandparents can attempt to formalize their custodial relationship in the courts. It can still be difficult, because the judge is not required to give grandparents preferential treatment when it comes custodial rights. Many grandparents maintain an informal status filing paperwork so they have the authority to make medical and educational decisions.
Grandparents determined to get legal guardianship of their grandchildren often have a difficult time convincing the court they should have custodial care. They have more influence with a judge if they have already taken primary responsibility of the minors because the parents have abandoned their rights, have been proven abusive, or have been convicted of a serious crime. Grandparents will also have to prove granting them guardianship is in the best interest of the children.
Seniors involved in these types of situations should clearly understand that guardianship is not the same as adoption. If the parent's circumstances change, and they can prove they have the means and the ability to safely raise their children, the courts can, and often do, return the minors to the parental home and terminate the custodial rights of the grandparents.
Family emotions can run high when children are involved. Relatives don't always agree on what is in their best interest. When grandparents try to prove they are a better choice than a parent, the courts may or may not agree.
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