Legal issues for grandparents raising grandchildren

Petitioning for visitation is the only legal right granted to grandparents. Assuming the responsibility of raising a grandchild can have numerous legal challenges, making it a good idea to become familiar with custody terms. With physical custody, your grandchild will simply live with you. With legal custody, you'll have the legal authority to make decisions about your grandchild's health, welfare, medical and educational needs. Without someone claiming legal custody, your grandchild child can't be enrolled in school, receive medical care, qualify for government aid or be protected from abusive parents.

There are four types of custody situations:

Informal custody is when the child lives with someone other than the parents without any legal arrangements. In this type of arrangement, the caregivers essentially have physical custody, while the parents retain legal custody.

Court placement or foster care is when the child has become a dependent of the court and is placed in foster care, either with a stranger or family member (known as relative placement). In this situation, caregivers have physical custody and limited legal authority. The court system and child welfare agency remain involved in the situation. As a grandparent, you can be considered a relative placement if your grandchild has become a dependent of the court due to parental abuse or neglect, incarceration, institutionalization, physical or mental illness, or, in the case of a newborn, if illegal drugs are detected in the babyative placement as soon as possible. You can also request that a guardian ad litem (a person who represents and advocates for a child's best interest during the legal process) be appointed.

Guardianship involves gaining both physical and legal custody of the child. Guardianship temporarily suspends parental rights, offering the legal guardian the ability to make decisions for the child. Guardianship is typically granted when one or both of the child's parents die or are deemed missing or unfit. For grandparents, guardianship represents significant financial and emotional risk as the arrangement may not be permanent.

Adoption is the most secure custody arrangement. Adoption dissolves all legal ties between the parent and child. The adoptive parent is granted full legal custody, which may be an option for grandparents under certain circumstances.