It is not unusual for grandparents to play a pivotal role in the lives of their grandchildren. In many cases, grandparents will step into the role of the parent to provide a child with the care they need. Despite this important relationship, grandparents do not have any inherent right to make decisions regarding a child under Kansas state law—even in emergency situations. However, a dedicated family law attorney could help a grandparent pursue custody rights of a minor grandchild in certain situations.
If you believe it is in the best interest of your grandchild for you to have custody or other legal rights related to their care, now is the time to seek legal guidance. Securing custody rights might be possible, but attaining them on your own is difficult. Let a Manhattan grandparents’ rights lawyer review your case and help you determine what legal options are best to pursue in your position.
There is a reason why grandparents do not have inherent custody rights of a minor child, even in cases where they play a significant role in their early development. The courts recognize the rights of the parents to make important decisions regarding a child’s upbringing. The right to control the care of a minor child is considered fundamental by the courts, and judges will only interfere when doing so is in the best interest of the child.
For that reason, a parent’s objection to a grandparent’s request for custody rights is given deference by the court. A grandparent must establish evidence that the child is likely to sustain harm if they remain in the custody of the parents. If the courts determine that remaining in the custody of the parents is detrimental to the child’s welfare, they could take actions—including granting custody to the grandparent. A Manhattan grandparents’ rights attorney could assist with making the case that placing a child in the care of a grandparent is the best option.
There are different ways a grandparent could secure rights related to their grandchild. A skilled grandparents’ rights lawyer in Manhattan could provide needed guidance to a grandparent pursuing any of these options.
One of the most common ways for grandparents to seek rights regarding their grandchildren is through temporary guardianship. Guardianship may be granted with the parent’s consent, or the court could award it without their agreement when it is in the best interest of the child.
There are circumstances where a grandparent might seek to permanently adopt their minor grandchild. For this to be a possibility, one of two things must happen. Either the parents must consent to the adoption, or the state must remove their parental rights.
Kansas state law recognizes something known as child in need of care—or CINC—placement. This placement is necessary in cases when a child is removed from the care of the parent or guardian by the state. In these situations, grandparents are typically given “substantial consideration” by the courts as an option to care for the child.
As a grandparent, it is understandable for you to care deeply about the health and safety of your grandchild. When the parents or guardians of the child are incapable of caring for them, you could have legal options to secure the care they need.
Let a Manhattan grandparents’ rights lawyer review your circumstances and walk you through your legal options. Call today for a private consultation with a dedicated and compassionate attorney.
