Biological Parents Unfit – Can I Win Guardianship of My Grandkids
Provided by HG.org
When the biological parents are unfit to take care of their own children, it may be time for the grandparents to step in and acquire guardianship for a more loving and nurturing house. However, in order for this to occur, the grandparents must understand how to proceed and what is required of them in these situations.
Most states have laws that let custody or guardianship of children pass to the grandparents when neither parent is considered fit to raise or care for them. This could occur due to the argumentative nature of both spouses, the toxic environment they create and similar circumstances. When the laws are not available for these elder persons to assume responsibility, sometimes the laws must be tailored for the circumstances. This is important to ensure the safety and protection of the children affected by a divorce, crumbling home or abusive relationships. It is best to seek the advice and help of a lawyer.
It is difficult to overcome the assumption that a biological parent is better fit than a nonbiological or grandparent. Because of this, it is important to hire a lawyer to argue the case by showing that the parents are unfit to provide care, protect the kids from situations and to keep a nurturing and loving home. When the grandparents are more fit to provide these essentials, it is crucial to demonstrate this in the courtroom. This may require the hiring of other professionals such as a private detective to prove the complications with the biological parents.
Proving Unfit Parent
When one or both parents are unfit, it is up to the grandparent to prove this in the courtroom. The first step is hiring a lawyer so that the process is simplified. Another professional may then become part of the proceedings to prove that one or both spouses are unfit. A private detective may need to surveil the married or unwed couple. If the father or mother is abusive or an alcoholic and is not able to manage the problem, then this needs to be mentioned to the judge. Other issues must be revealed that show how unfit the mother or father is.
When the marriage or an individual parent is responsible for leading a child to therapy, this could be used as evidence against the family to show how the grandparents are more fit to take responsibility. If the children are left with grandparents for years, it may be necessary to file for guardianship. The kids no longer know the mother or father and removing them could cause irrevocable damage. However, other matters are necessary in the court due to the assumption that the biological parent is more fit and should retain or re-acquire custody. It is important to listen to the lawyer and follow his or her instructions.
Although proving a parent unfit is one step in obtaining guardianship, it is not the last in most cases. The grandparents often have no claim when the judge is biased in thinking that even unfit parents are better to keep children than remanding them over to another family member. Because of this, there are often other piece of evidence and video surveillance necessary. Criminal activity, child abuse, sexual abuse and similar crimes may need to be demonstrated as involved in the household. These may remove the parent either through criminal prosecution or to show that the parent is not only unfit but cannot retain the child due to his or her illegal activities.
The suffering or detriment to the child in the family when placed back with biological parents is another way to show the judge that the grandparents are better matched to raising the youth. The cases for grandparents to gain guardianship are often complicated and difficult to win. Additionally, if the judge is not concerned with the welfare of the child to be placed back with unfit parents, visitation may be the better option. This permits the grandparents a routine visit of days or weeks in the month so that the young person is not as affected by negative impact from biological mother or father.
Grandparent Guardian Legal Support
Due to the stress, worry and difficulty in proceeding in guardianship cases for grandparents, it is necessary to hire a lawyer to fight on behalf of the children in these situations. The grandparents may be the best possible fit for the youths, and the lawyer needs to demonstrate this in the courtroom to the best of his or her ability.
Read more on this legal issueDo Grandparents and Other Family Members Have Visitation Rights
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.