Family Law Questions? Ask a Family Lawyer Online.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm so sorry to hear about your situation. One of the things that is very difficult for Grandparent's is that their rights are limited in most situations. Because you weren't the natural or adopted parents then you don't have any automatic rights even if you are related. However, this does not mean that your rights are cut off. If you have reason to believe that you could be a better caretaker of your grandchildren, then you will be able to petition the courts to become a guardian over the grandchildren. Your are local courts should have a packet or forms available to you that would allow you to begin the process of becoming their Guardian. You can petition to either become a temporary guardian or you can try to become their permanent Guardian. Regardless, if you are their Guardian, even if it is for a limited time, then you would still have all the same rights as a natural or adoptive parent would have. Please keep in mind that the courts will be sure to conduct an investigation as they are reluctant to take away the rights of the natural parents. However, if the children need somewhere to stay that is not foster care and that is not a state facility, they're going to place them with the grandparents. My recommendation would be to get started right away.
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