Thursday, February 9, 2017

How Realistic Is The Grandparent Custody Durham NC Seniors Want

By Amy Morgan


When people have children most assume those children will grow up, find a partner, settle down and start a family of their own. When individuals think about having grandchildren, they probably envision visiting them and taking them out for treats. Then the grandparents go back home having enjoyed the time spent. Unfortunately in Durham, NC and elsewhere, there seems to be a growing trend where grandparents end up raising their grandchildren. In Durham, NC when they seek official grandparent custody Durham NC seniors sometimes find it confusing and frustrating however.

You may not approve of your children's parenting style, but unless there is abuse or neglect, there may not be much you can do about it. Most family service agencies and court systems try to keep the family unit intact if at all possible. It is often difficult for a relative to convince a judge that their home would be a better place for those minor children.

Many people believe parents caught taking illegal drugs automatically lose guardianship of their children, but this is not always the case. Many states do not regard illegal drug activity child abuse. It may take proving parents have involved the minor children in the drug activities. Some states recognize the use of drugs during pregnancy a risk to the unborn child which qualifies as abuse.

The most common way grandparents end up raising their grandchildren is by parents giving over authority. Sometimes the mother or father will drop off their children with the grandparents and disappear. Other times children spend more and more time with their grandparents until they are actually living with them full time.

It may be that the parent is forced out their children's lives because of death or incarceration. If this happens, the grandparents can seek formal guardianship or remain as the primary caregivers through an informal arrangement. There will have to be some papers and forms filled out and filed though to make sure the adults can make educational and medical decisions for the minors.

Grandparents determined to get legal guardianship of their grandchildren often have a difficult time convincing the court they should have custodial care. They have more influence with a judge if they have already taken primary responsibility of the minors because the parents have abandoned their rights, have been proven abusive, or have been convicted of a serious crime. Grandparents will also have to prove granting them guardianship is in the best interest of the children.

Seniors involved in these types of situations should clearly understand that guardianship is not the same as adoption. If the parent's circumstances change, and they can prove they have the means and the ability to safely raise their children, the courts can, and often do, return the minors to the parental home and terminate the custodial rights of the grandparents.

It is always difficult when close relatives fear children might not have the kind of home life they deserve. Unfortunately it is sometimes difficult to correct the situation without going through a multitude of legal hurdles.




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