Can grandparents file for custody of their grandkids?
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Can grandparents file for custody of their grandkids?

| Oct 27, 2020 | Firm News |

Most grandparents in Georgia find themselves looking after their grandchildren from time to time. But if their grandchildren’s parents are negligent or abusive, they might end up practically raising their grandkids. After a certain point, they might start wondering if they should just file for custody. Unfortunately, it’s extremely difficult for grandparents to get custody of their grandchildren.

Is it possible for grandparents to get custody of their grandchildren?

It’s not impossible for grandparents to be awarded custody, but grandparents’ rights are fairly limited. In most cases, they can only apply for custody if the children are removed from the home due to abuse or negligence. However, proving abuse can be difficult, and many children are left in abusive homes for months or even years.

If grandparents want to seek custody, they should try to stay involved in the children’s lives and document as much evidence as possible. They can hire an attorney, but parental rights typically overrule grandparents’ rights. At most, the grandparents might be notified in the event that the children are removed from the home. At this point, grandparents can offer to take in the children and act as foster parents. However, they still face a legal battle if they want to apply for full custody.

Where can grandparents find help with gaining custody of their grandchildren?

Grandparents seeking custody or visitation rights may wish to hire an attorney. An attorney might help them stay in touch with their grandchildren and document evidence to prove that their parents are unfit caregivers. If the children are removed from the home, an attorney might help the grandparents file for custody or even permanently adopt their grandchildren. They might also assist grandparents who have been denied visitation rights by the grandchildren’s parents.