How Does Family Law Help Grandparents Gain Custody Of Their Grandchildren?
Assuming that the grandchildren are in foster care, and their parents are no longer alive, grandparents have a tough task trying to gain full custody. Even if the kids are not in foster care, the law, especially family law solicitors, might require grandparents to show proof of relation with the grandchildren before gaining full custody. Under some jurisdictions, the law prefers giving relatives custody of the young children instead of placing them in foster care. Children have a much higher chance of doing well in life when living with relatives than they do when in foster care. Grandparents who want full custody of their grandchildren must do the following.
Grandparents can apply for custody of their grandchildren if the parents are divorced or dead. At times, the courts might decide that the children are better off in foster care than with any of the two parents. Under such circumstances, the courts might be favorably disposed towards grandparents, especially if the divorced couple has no issue with this request. When relatives step in to take care of children whose parents are divorced, there is little doubt the young ones would enjoy a better level of stability. When relatives obtain full custody, the children would have a much higher chance of benefiting from knowledge regarding family culture and traditions.
The first step that grandparents need to take is to contact the department or officers who took the children to foster care. Ideally, the best department to contact is the one located where the husband and wife resided with the children prior to their divorce or death. Grandparents have to identify themselves as such. They need to produce documents and proof that authenticates their claim of being grandparents to the little ones. The grandparents ought to make it clear, through their solicitors, that they are willing to take full custody of the young children. In some jurisdictions, the courts might appoint specialists in kinship care to help grandparents.
Although the grandparents are related to the grandchildren, the lawyers in Castle Hill requires them to identify how they want to approach the issue of custody. Grandparents might opt to apply to be kinship caregivers. The grandparents also have the right to apply to be licensed as the foster parents to the children. Depending on jurisdiction, the grandparents might be eligible to receive financial as well as logistical support from the government or the relevant agency. However, to qualify for the logistical and financial support, the grandparents need to allow the agency to evaluate their financial capability.
Grandparents should expect to meet with experts in conveyancing. Grandparents should also expect the agency, department or government officials to undertake background check as a way of evaluating whether the claims of relations are genuine or a fabrication. The process of applying for full custody of the grandchildren takes place within the confines of the law and courts. Therefore, grandparents ought to be willing to attend court as and when they are required to do so, without fail. To stand a much higher chance of success, the grandparents ought to hire the best lawyer they can afford.