Similarly to the case with parental rights, grandparents' rights custody differs in all 50 states. The issue of custody rights for grandparents can sometimes occur when either one or both parents come to die. Other cases include divorce or separation of the two parents. There are also times when the child has resided with the grandparents for a period of time without the assistance of either of the parents. Further requirements will also need to be met for there to be a legitimate custody case. Initially, grandparents need to petition a family law court when they want to obtain full or partial custody rights for their grandchild. Basically, there are two kinds of custody which can apply, which are: legal custody and physical custody. Legal custody will involve the rights of one parent to make major decisions such as health care, education, religion, regarding the child's life. Who the child will live with and spend their time with will however be the concern for physical custody. Circumstances Which Can Determine Rights Custody for Grandparents In most states of America, the court will automatically be able to grant full custody to either parent of the child. However, there are circumstances when the court may attribute the grandparents with custody rights for the child. In some cases, the grandparent may already have assumed their role as primary parent and caregiver of the child for a period of a year or longer than that. Other circumstances might also include a reasonable cause that abuse, neglect, substance abuse or mental illness would be affecting the parent-child relationship. The law will then require that certain facts be proven in family court before the grandparents are given full custody. It will then need to be proven that it is in the best interest of the child for the grandparents to have custody. The grandparents will first need to display a genuine concern for the care and well-being of the child. Further to that, the relationship between the grandparent and grandchildren will have to be initiated through the consent of a parent or through a previous court order. Grandparents rights custody might also be sought for the purposes of partial custody, or for visitation rights, just as between two biological parents. When the court makes it possible to grant partial custody rights to the grandparents, this will provide them with further time to spend with the child without any need for approval or supervision of the custodial parent. In general, child visitation rights are not denied to grandparents so that they may spend time with their grandchild under the supervision of an adult, or the custodial parent. This is why it is very much recommended to obtain some legal assistance if there is a need to file a custody rights petition as a grandparent. This can in fact be a pretty complex process, which is why obtaining a qualified legal expert will be able to be of some assistance in building a stronger and more effective case.
Child Custody Center:http://www.custodycv.tk/
