Can grandparents be awarded custody of their grandchild? The fundamental rights of caring for a child usually belong to the parents, but grandparents can have custodial rights under special circumstances.
To earn the custodial rights, the court must be convinced that the child will be in danger in the absence of grandparents' visitation. For instance, if both of the parents are seriously injured, the court may grant the custodial rights to the grandparents. Furthermore, the court may terminate parental rights under these following situations.
- The parents agree to terminate their parental rights. - The parents have abandoned their child. - The child and parents do not have ongoing relationship. - The parents can not provide the safety environment to the child. - The parents abuse or attempt to seriously hurt their child or other children.
The other parent will be the sole legal guardian of the child, if one parent’s rights are terminated. However, the grandparents, aunts, uncles, other family members, or someone else will be granted the child custody, if both parents’ rights are terminated.
How do you get appointed as guardian? The court will conduct an investigation of potential guardians to determine the social, financial, physical, and mental conditions. The court usually wants to make sure that the potential guardian can support the child. The guardianship will remain in effect until the child turns eighteen, or the guardian resigns. Furthermore, if the child has only one parent, a grandparent may apply for a Co-Guardian. A co-guardian shares the legal custody of the child with the sole parent.
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