Grandparents Custody and Visitation - Custody Help For Those With Grandchildren

Your grandson is now 5 years old, and your daughterdecides to return home and to file for divorce. Leslie
and her husband are in a violent relationship. Is theregets her divorce and now claims sole custody of her
anything you can do to protect and help yourson. She plans to move to another state to start her
grandson? Can you get custody of him?new life as a single mom. Leslie's parents are
Grandsons and granddaughters become the joy ofdevastated with her decision of moving away and
their grandparents in many ways. Once the childrentaking her son with her. They know this will mean the
are gone, and you are retired, spending time andend of their relationship with their dear grandson.
taking care of your grandchildren usually becomes theThis might not be the case. In many states, an
easiest way for you to find a purpose in life again."extended disruption of custody", and a prolonged
Although this might sound selfish at first, the truth isseparation of the child and the parent for at least 24
that most grandparents do this without even beencontinuous months might result in that parent losing
aware of the benefits they are getting; in fact, manycustody or the child. During this period of time
do it from the bottom of their hearts and with thehowever, the parent must have had voluntarily
best intentions.relinquished custody of the child. If the parent visits
What can you do if your relationship with yourthe child regularly, this law does not apply. However if
grandchildren is threatened or even worse, if thethe child resided in the grandparents' household for
relationship is abruptly interrupted?said period of time without the parent ever showing
In the majority of the states, grandparents are givenany concern about his or her welfare, then the court
custody rights when they can demonstrate themay find the parent unfit to have custody of the
existence of extraordinary circumstances. Let'schild. The court may find extraordinary circumstances
consider the case of Leslie and her husband Jeff. Thisin extreme cases such as when there is evidence of
young couple is engaged in a violent relationship.child abuse, neglect, drug abuse, and grant the
There is domestic violence. Jeff has come homegrandparents custody rights, even where the
drunk many times and has verbally and physicallyseparation was less that 24 months.
abused Leslie in the presence of their 5 years old son.Guardianship and court ordered visitations are other
Even when she is unhappy, Leslie can't make theoptions to help grandparents to have access to their
decision of leaving Jeff. She attributes his tempergrandchildren when it is denied to them. These
tantrums to the stress at work, financial troubles,remedies are more accessible, and like custody, they
and so on. The couple decides to move to anothercan only be changed if the parties agree to it or by
state to try again. This time they leave their son withorder of the court. Guardianship is the best way for
Leslie's parents. The grandparents are now in physicalgrandparents to take legal responsibility for the child.
custody of the child.Visitation is suggested in those cases in which the
Leslie and Jeff spend 2 years away trying to fix theirchild's welfare is not at risk, yet the biological parents
marriage and settle a new home. However, Jeff'srefuse that the grandparents spend time with their
drinking problem does not get any better. After agrandchildren.
serious attack that put her in the hospital, Leslie