Legal Issues for Grandparents

Legal issues for grandparents raising grandchildren

When you were making your decision to raise your grandchild or grandchildren, you probably didn’t think too much about the legal implications. But if your grandchildren live with you for any length of time, It’s important that you understand the laws that affect grandparents raising grandchildren.
For example, are you authorized to register your grandchild at school? Can you make medical decisions for them? Get them health insurance? Who is legally obligated to pay for clothes and other necessities for the children—and are there programs available to help?
Just because you’ve taken in your grandchild doesn’t mean you have legal rights to make decisions for that child. Unless you’ve taken steps to secure a legal caregiving relationship with your grandchildren, you may have trouble enrolling the children in school, authorizing medical treatment, and getting financial assistance and health insurance. It’s important to discuss the legal issues with your grandchildren’s parents, if at all possible, and try to agree on how to move forward.

What type of legal issues will affect my grandchild and me?

Unfortunately, there is no simple answer to this question. It will depend on the needs of your family. Especially in options such as legal custody and guardianship, the parameters can vary from state to state. It's essential to seek some legal help to ensure you are going in the right direction for your family. Questions to consider include:

• Safety. Have the children been removed because the parents were unfit? Are you worried the parents might want the child back and not give him or her the proper care? This may also mean getting Child Protective Services or the police involved if there is a safety risk.
• Permanency. If the stability and safety of the grandchildren are threatened, you may want to investigate legal protections to ensure they stay in a safe environment. In some cases, that may mean asking for more permanent responsibility and decision making for the grandchildren.
• Visitation. Which choice gives the parents ability to visit or request custody of their child? Are the parents interested in visiting? Is that best for the children?
• Cost and time. Which choice requires more time in court or is more involved?
• Finances and health. Make sure you understand how the choice would affect a grandchild's health insurance coverage or cash benefits.

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