There are several circumstances that may warrant you seeking custody of your grandchild. If parents die or are incapable of caring for the child,

1. How to Get Custody of Your
Grandchild

2. There are several circumstances that may warrant you seeking
custody of your grandchild. If parents die or are incapable of
caring for the child, you may become your grandchild’s legal
guardian. There are also situations you may pursue custody
even if the parents are a live and capable of parenting.
The first step to securing custody of your grandchild is to find
an attorney. You want an attorney who specializes in family
law, particularly in cases of grandparents’ rights and custody.
The right attorney will help you file a petition for custody with
the court. This petition must be signed by a notary public
before you submit it.

3. Next, the court will assign you a court date. This process can
take weeks or months, but can occur sooner in some cases.
While you wait on your court date you should organize your
evidence or reasons you feel you should have custody of your
grandchild.
Once your court date arrives you and your attorney must make
your case in court that residing with you is in the best interest
of the child in question. Your attorney can help you make a
case as to why you believe the custodial parent is unfit or why
you are more capable to meet the child’s needs.

4. A child may also speak in court as to his or her wishes,
depending on the child’s age. The court will take this into
consideration along with any evidence you and your attorney
have presented and the wishes of the parents. The court will
also look at any special needs the child has and who best can
provide care for a child with these needs. It can be difficult for
you as a grandparent to prove that a parent is unfit if the
parent is willing to care for the child.
After the custody hearing the judge will decide if you are the
best guardian for your grandchild. This can take a long time if
parents fight for custody. If the judge decides to award you
custody of your grandchild, the court will send a court order to
you.

5. Parents can also decide to relinquish custodial rights. You
would still have to continue with the court process to prove you
are the best guardian, but the process is simplified.
Obtaining custody of your grandchild can be a length and
difficult process. Finding a great family law attorney can help
you secure rights as a grandparent. If you need a grandparents
rights attorney in Carmel, visit this website.