Today, over 2.4 million grandparents are raising their grandchildren across the U.S. These grandparent caregivers often receive custody over their grandchild due to a parent’s absence, whether work or schooling related, or due to parental unfitness. Grandparents are often thrust into the position of caregiver quite suddenly and may find themselves with a host of legal questions, such as: how do I receive my grandchild’s report card? Get a social security card? Obtain immunizations? Obtain health insurance? Authorize medical procedures? Get my grandchild’s birth certificate?
Several different options exist to provide grandparent caregivers with the legal authority they need. Below, we address three possible options to establishing legal rights over your grandchild: Foster Care, Legal Guardianship, and Adoption.
Foster Care or Kinship Care
Sometimes, the grandchild was not simply voluntarily left with the grandchild. At times, the state has become involved and there is some sort of juvenile proceeding initiated, such as a Child in Need of Care Case. The grandparent often becomes the foster home placement. In this situation, the grandparent will have the involvement of social workers and other professionals. The court will generally issue specific orders as to what the grandparent can legally do, which can be a great help.
However, grandparent foster care providers often complain of poor communication between themselves, the court, and the social workers. This can lead to delays or misunderstandings as to your ability to care for your grandchild.
An attorney can help facilitate communication between yourself and the juvenile court system. He or she will also ensure you receive the child support to which you are entitled as a grandparent foster care provider.
Legal Guardianship/Permanent Guardianship
When you foresee permanently becoming your grandchild’s caregiver, you can seek a long-term fix. Legal guardianship can be awarded at the completion of a CINC case, but can also be done voluntarily between a grandchild and the grandchild’s parents. In some situations, legal guardianship can also be obtained without consent of the grandchild’s parents.
Guardianship provides the grandparent with legal responsibility for the care and management of their grandchild. Grandparent guardians are termed “legal guardians,” and they will be under the supervision of the court. The grandparent will have to appear in court to provide periodic updates on the child’s status.
Guardianship is a long term solution, but can still be temporary as custody can be returned to the parent. Legal guardianship is often used when the grandchild’s parents are overcoming a drug addiction, in prison, or have some issue that will require a period of time to overcome.
There are several drawbacks to legal guardianship. Guardianship can cost several thousand dollars to establish. Further, it does not ordinarily involve the award of child support and some insurance companies will not allow you to ensure a dependent if you have only a guardianship. Further, it does not establish legal rights to inherit.
Adoption
Adoption is the most drastic of ways to obtain legal rights over your grandchild. In order for a grandparent to adopt, the legal rights of the parent must be relinquished. This means the grandchild’s parent will have no decision making authority or responsibility over their child. This option should be pursued only after through consultation with a knowledgeable family law attorney.
McDowell Chartered: Helping Grandparent Caregivers
At McDowell Chartered, our Kansas Adoption Attorneys provide compassionate, knowledgeable legal services to grandparents seeking to create a legal relationship between themselves and their grandchild over whom they have de facto custody. We understand the importance of establishing this legal relationship so that you can carry out your noble task of raising your grandchild. Call us today at (316) 633-4322 to see how we can help you.