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Do Grandparents Have Custody Rights?
Grandparents have special bonds with their grandchildren and play a crucial role in providing love, stability, and support. If a family unit breaks down, grandparents may pursue legal avenues to maintain the relationship with their grandchildren.
Family law attorneys in Clarksville explain that the law allows grandparents to petition for visitation or custody. However, the process can be complex and often marked by various legal intricacies. Skilled legal experts can help you navigate the process to protect your rights as a grandparent and uphold your grandchildren’s best interests.
What are the Criteria for Grandparent Custody?
As a grandparent seeking custody of your grandchildren, you may have more legal challenges to overcome than when seeking visitation rights. According to Child custody lawyers in Clarksville, you must demonstrate that:
- The children’s parents are unfit to take care of the children due to issues such as mental illness, neglect, or substance abuse.
- Being granted custody of the children promotes their best interests. You must show that you can provide a stable, loving, and supportive environment for the children’s mental, physical, and emotional well-being.
The family court in which you file your petition will consider several factors before making the final determination. These include the children’s needs and age, stability and continuity, and your health and financial status.
What Factors Contribute to a Parent’s Unfitness in a Custody Case?
Minor parental imperfections won’t make a court strip a parent of their rights. However, being an unfit parent can cause the court to reduce or limit interaction between the parent and the child. Proving parental unfitness can be challenging, but the law in Tennessee provides guidelines on the factors a judge can consider in determining parental unfitness.
At your request or on the order of a judge, a child custody evaluation can be done to determine if the child’s safety, health, and welfare are at risk when staying with the parents. Child custody attorneys in Clarksville say that factors the evaluator will consider may include the following:
Child Abuse
If the parents have a history of child abuse with the children, it could be an indicator that custody should change. A lot of involvement by the Child Welfare Services in the parents’ household could be a sign that it’s not in the children’s best interests to remain under the parents’ care.
A report from the agency could help the court decide whether child abuse is substantiated or not. If the officers raise concerns, they can issue an immediate safety plan, which you can bring to court to support your custody request.
Domestic Violence
You could file a custody petition based on domestic violence between the parents. It is not in a child’s best interests to be a percipient witness to physical or emotional abuse by one parent to the other. A change of custody could protect the emotional well-being of the child by reducing their exposure to violence.
Not Setting Age-Appropriate Limits
Parents are responsible for imposing age-appropriate limitations on their children, and when they allow extreme situations, that could be a red flag. For example, letting a 10-year-old child watch R-rated movies or not setting curfew hours could be a basis for citing parental unfitness.
Not Understanding or Responding to a Child’s Needs
Children need to feel heard and cared for by their parents and be able to communicate the same. Some scenarios that could highlight parental unfitness as far as a child’s needs are concerned are:
- Lack of sensitivity to the children’s needs
- Lack of effort by the parents to communicate in a way the children can understand
- Not being responsive to the children
These factors could show that the children don’t have a strong relationship with their parents, and their well-being could be compromised. If you have cause to believe that your grandchildren’s parents don’t understand or respond to their needs, consult skilled Clarksville child custody lawyers for legal guidance on enforcing your grandparent’s rights in custody.
Substance Abuse
If you have evidence that your grandchildren’s parents have substance abuse issues affecting the child, you can request the court to grant you custody. Even if it is a legal drug like marijuana, the court can prioritize the children’s safety by making orders restricting the parents. The judge can then order substance abuse assessments to determine the extent of abuse.
Psychiatric Illness
Mental health issues don’t automatically mean a reduction or limitation in parental custody, but it may be a basis for requesting custody in the interests of your grandchildren’s well-being. If the parents suffer mental conditions that pose a risk to the children’s welfare and don’t proactively seek treatment, you could seek custody to protect your grandchildren.
Social Functioning
Children should engage in social activities with both parents, which leads to positive memories and interactions. If the parents are against such activities or have social issues that may adversely affect the children, such as locking them indoors all the time, you could file for custody. However, ensure you have a strong case and can prove the adverse effects.
A Skilled Family Lawyer Upholding Your Grandparent Right in a Child Custody Case
Grandparents have rights over their grandchildren, but these rights can only be granted under specific circumstances. Depending on the situation, you can pursue visitation or custody rights. Experienced child custody attorneys in Clarksville can help you file a child custody petition if you believe your grandchildren’s parents are unfit for custody.
The Law Offices of Hibbeler & Associates is a family law firm with skilled child custody lawyers. If you’re a grandparent seeking to establish your rights, we can assess your case and help you take the necessary legal steps. We understand how important it is for you to maintain a solid relationship with your grandchildren during this difficult time. Call us at 931-236-2711 for a FREE 30-minute evaluation.
