Choosing The Perfect Counsel

Seeking Third-Party Custody As A Grandparent: What Are You Up Against?

 When biological or custodial parents abuse or neglect their children, the results can be tragic, but when those kids are your grandchildren, you can't simply sit on the sidelines, hoping for a positive outcome. As a grandparent, you're compelled to reach out to help the kids in question and do whatever it takes to protect them. Custody battles, though, are not easy on anyone. Even as a grandparent, you'll likely be up against a lot of red tape, regulations and resistance. Nonetheless, you feel you have to move forward, fighting for the grandchildren that might otherwise be left in dire circumstances.

The Legal Obstacle You Face Fighting For Custody

In order for you to obtain legal custody of your grandchild or grandchildren, you're going to have to prove some hardship, danger or other threat to the child exists. This can be very challenging and to have the best chance of succeeding, you should have a child custody lawyer on your side.A lawyer, well versed in third-party custody, will evaluate the situation the child is facing, advise you on your rights as a grandparent and possibly act on your behalf in court, if they determine conditions are favorable for you to win custody.

Be prepared, before approaching a child custody lawyer, to demonstrate how the parent with current custody is failing in their duty to provide for and protect the child and also be prepared to show how you are willing and able to offer a safer and more stable environment for the child.Your home, budget and lifestyle should allow for the well being of the grandchild.

The Personal Obstacles With Family

Depending on the level of neglect or abuse your grandchildren are exposed to, the rest of your family may not support your decision to intervene. If they believe, for whatever reason, that the children should remain with their parents, your attempt to obtain third-party custody could easily create a family disaster. The parents, themselves, will likely oppose your actions, creating friction that could tear apart the fabric of your family forever.

Custody battles, whether between parents or with a third-party, are usually wrought with painful scenes of adults failing to come to agreement. If you think there's any chance your grandchild's parents can be convinced to change the ways in which they treat and care for the child, work that end, first, unless the child is in imminent danger.

If you choose to pursue custody, be prepared for the backlash and seek support from any family members or friends who take your same view of the circumstances. Whether or not you succeed (in obtaining custody), you're likely to have a family battle on your hands that could last indefinitely.

The Best Interests Of The Child Or Children

Grandchildren are special gifts in life and if you know they're not being valued, nurtured and respected, it's almost impossible to sit by in idle silence. Understand the legal criteria of a custody case and at what point the courts may decide removing the children from their biological/custodial parents is in their best interest:

  • If the children themselves are being abused or neglected.
  • If the parents are abusive to each other, such as domestic violence, either physical, verbal, psychological, financial or a combination of abusive tactics.
  • When one or both of the parents are dealing with addiction to drugs or alcohol to the extent that it puts the children in harm's way.
  • When the parents are absent, either through incarceration, abandonment or death.

Acting in the best interest of the child or children is also the role of the attending court and their affiliated protective services. Working with them, along with a child custody lawyer, such as from Cragun Law Firm, you should be successful in your attempts to improve the lives and living conditions of the children, one way or another. Obtaining actual custody is an involved and sometimes heart-wrenching process and you will be up against a lot; however, securing the safety and well being of your grandchild is worth whatever you must go through.

About Me

Choosing The Perfect Counsel

If you have ever been accused of a crime, then you know the absolute sinking feeling in your gut. It can be incredibly devastating to cope with the thought of living the rest of your life behind bars, which is why choosing the perfect counsel is crucial. I started thinking about who to work with a few years ago when I was accused of something that I knew I didn't do, and it was scary. However, I knew that by focusing on my innocence and finding the right professional, things would be manageable. Check out this blog for great information on choosing counsel.


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