How to Be Given Temporary Custody of Grandchild

Obtain temporary custody of a grandchild

If your child is unable to care for your grandchild and you wish to gain custody temporarily, you will need to get both parents' written consents. If you cannot get the parents to consent to the arrangement, you may still be able to take custody of your grandchild with a court order. Since custody laws vary from state to state, talk to an attorney before commencing a custody proceeding. If you cannot afford an attorney, talk to the clerk of the court and your local Legal Aid office. They may be able to provide you with free or low-cost assistance.

Instructions

1. Prepare a custody agreement. If your grandchild's parents wish to place the child in your custody, draw up an agreement that provides biographical information on each party to the case, including yourself, your spouse, the child and both of the child's parents. Indicate how long you wish for the custody to remain in effect and outline when and how the parents should contact your grandchild while she is in your care. Once all of the parties have agreed to the arrangement, each adult participant should sign and date it in the presence of a notary public.

2. Draft a petition for custody. If the parents do not wish for you to take custody but have legal problems, medical issues or an open dependency case, prepare a petition for custody and submit it to the court in the jurisdiction where the child currently resides. In your custody petition, state your relationship to the child and outline why you wish to take temporary custody of your grandchild.

3. Establish that you are a fit custodian. Once the court reviews your petition, the judge may request that you work with a child custody evaluator. This evaluator is generally a licensed social worker or mental health professional. He will interview you and your grandchild and may ask to visit your home to ensure that it is safe and suitable for a child.

4. Attend the hearing on your grandchild's case. If the court believes that you may be a fit guardian, they will assign you a hearing on the merits of the temporary custody arrangement, explains the United Way. Both you and the child's parents will have the opportunity to call witnesses to support your cases. Once each party has presented evidence, the judge will make a ruling based on what custody arrangement meets the child's best interest.

Tips & Warnings

• The exact process for gaining custody of a grandchild varies from state to state. Verify all information before preparing paperwork or attempting to take custody of your grandchild.

References

• United Way of Connecticut: Kinship Caregivers
• University of Pennsylvania Law School: UCCJEA

Resources

• Read this Article in Spanish
• COAC: Forging Connections -- Challenges and Opportunities for Older Caregivers Raising Children