The second question which arises is who is going to have the child custody i.e. either the mother or the father. If the couple faces any problems as in arranging any suit to the court for the custody, then either of the parent’s can file a suit in the court for custody. In most of the cases, Fort Worth courts generally declare that it is the parents who have the legal rights to take responsibility of; as in what is best for their children.
What are the grandparent’s rights for a child custody process in Fort Worth?
As per my knowledge areas of Fort Worth, in most of the cases; the grandparents have rights to gain a child custody or visitation of the grandchildren. They are not universal but they are based on state statutes.
These laws allow grandparents to relish the legal rights to visit a child.
State Laws Support Grandparent Visitation:
They are majorly 2 specific types
1. Restrictive visitation:
You’re allowed (grandparents) to seek visitation, if the legal guardian are divorced or dead. A parent who has been accused of neglecting a child in the past or threatening to take the child away from the other parent may be restricted to visits supervised by a qualified third-party.
2. Permissive visitation:
You’re allowed to appeal for visitation, if the legal guardians are alive or still actively engaged. Some states allow caretaking adults besides grandparents to make such a petition, usually requiring that the caretaker must have lived in the home with the child for a certain period of time in order to be able to file a request for visitation.
The main objective of the court is to bring the best decision as which will favor in ‘best interests of your grandchild’.
What Factors Determine the Best Interests of the Child?
The following factors are included in determining the “best interests of the child”:
- Physical and emotional health needs of child:
It is very important to see that the child main necessities are been provided. Not only in food, have clothing and shelter but also healthcare and medical facility wised.
It is the duty of the custodial parents to look after the welfare of the child and choose decision wisely as getting divorced already has played mental imbalanced in the minds of the children and utmost care should be taken for their welfare.
- Capability of parents or grandparents to meet child’s needs:
Talking about capability would be to support the child not only financially but also emotionally till their pubescent age.
- Wishes of child if child is capable of making decisions:
The child should be allowed to take decisions based on his life, if he/she is legally adult. Parents should not force their decisions on the child and should support him in every aspect.
- Strength of relationship between grandparents and grandchild:
Sometimes due to various neglected factors the relationship between the grandparents and grandchildren strengthens which helps to strengthen their bond, such cases should be tactfully handled and decisions should be in child’s favor.
- Evidence of substance abuse by parents or grandparents:
This particularly belongs to cases where children are bought up by abusive, drugged or alcoholic parents. They see their parents through a different opinion and hence such children’s witnessing such events leads them to face lots of difficult situations.
- Child’s adjustment to home, school, or community:
Soon after the child custody is been handled to the concern, the child needs to adjust his life with new locality, friends, peer pressure and many more and there guardian must see to it that the child doesn’t feels left out and is been well adjusted in the new environment.
Can grandparents hold legal child custody?
- Grandparents taking custody while the parents are still alive!!
Yes there are ways, where you as in grandparent can hold a legal child custody as in the courts mostly declare the parents to be their legal guidance for the child custody but when an arbitrator or any third party is involved the court balances the parents rights as well as it seeks to give decision as which is best for their children.
So if you feel as in “the grandparents” that your grandchild would be more happy and comfortable to live with you, you need to present an imperative case, here are some helpful tips:
Some circumstances where warrant placing a child with you as in grandparent may include-
- You can obtain child custody, if both the parents are unable or hesitating to take the responsibility of the child.
- Both in the pair are suspected to be ill-equipped or inadequate.
- Both in the pair are willing to give their child custody to grandparents.
- Any crime, delinquency in the parents’ home.
- Drug or alcohol abuse in the child’s home.
- A parent’s mental illness.
- Or the last, one is ready to take the child but is unfit while other is not ready to take the child custody.
Grandparents taking custody after the guardian dies!!
Suppose, the guardian or legal parent dies, the court’s first choice to place the child is often with the other parent; but if the parents has not been recently actively involved in the child’s life, then it the close blood relative.
Some circumstances that may work in the grandparents’ favor are:
- If your grandchild and custodial parent were living under the same roof then, staying with you could provide stability.
- The pair left a “Will” naming you as guardians.
- The child wants to willingly live with you as in grandparents.
- Fort Worth court also considers the age, health and financial condition of the grandparents as how can they take responsibility of their grandchild.
So as a grandparent if you want your grandchild’s custody and are not unable to find whom to contact here we have our attorney J. Kevin Clark, a Fort Worth child custody attorney with years of experience in this field of expertise do not hesitate simply Contact Us #Divorce Law Attorney in Fort Worth.