Legal Relationship Options

Legal relationship options for grandparents raising grandchildren

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For more permanent and secure custody arrangements that give you broader legal protections, grandparents raising grandkids have three options:

• legal custody
• guardianship
• adoption

All three options require that you go to court. You will probably want to hire an attorney to help you through the process. If you can’t afford an attorney or need help applying for legal custody, contact your local legal aid office or bar association.

Legal custody (custody order)

The most common way to establish a legal relationship with your grandchildren is by getting a custody order from a judge. Unless the parent has voluntarily given up parental rights, you will most likely have to prove that the parent is unfit. But some states have laws that make it easier for relatives who already have physical custody to obtain legal status based on the best interests of the child.
Legal custody may not be permanent. However, once legal custody is awarded, your grandchildren’s parents will have to go to court if they want to get their kids back. If they prove that circumstances have changed and they are now able to care for their children, the court may return legal custody to them.

Guardianship

Guardianship is similar to legal custody, in that it is a legal relationship between you and your grandchild that is ordered by a court. As in legal custody, grandparents accept the day-to-day caregiving responsibilities for the child, while parents retain some of their rights. The primary difference is that guardianship is usually handled in probate court.
In some states, guardianships are more permanent than legal custody—remaining in effect until the child is 18). Sometimes, guardians also have more authority, including the ability to:

• make medical decisions on behalf of your grandchild
• add a grandchild your health insurance plan
• designate a standby guardian who can take care of your grandchild if and when you’re not able to

Adoption

Adoption is a permanent option where the grandparent receives all parental rights and responsibilities and the child's biological parents no longer have any rights. Once the adoption is complete, you become your grandchild’s legal “parent.”
Adoption can give a solid sense of permanency and stability for the grandchild, especially if the parents are never expected to be in the right place to give their all to the child. Adoption doesn't necessarily have to be adversarial. For example, sometimes families consider it if the birth parent is very young and not ready for the responsibilities of parenthood.

Custody Options for Grandparents Raising Grandchildren
Description	Grandparent’s Rights	Parent's Rights	Best Choice If...
Physical Custody	Grandparent has no legal right to make important decisions for child. With power of attorney from parent, grandparent's custody is strengthened	Parent can take child back and terminate power of attorney at any time Parent still has full legal rights	Grandparent and parent are in agreement
Legal Custody	Gives grandparents authority to make daily decisions regarding your grandchild’s welfare. May not be able to make medical decisions or add child to health insurance plan.	Parents have a right to visitation. Can request custody again someday (must petition the court).	Grandparent and parent are in agreement, with a good chance that parents will eventually take the child back
Guardianship	Gives grandparents authority to make daily decisions regarding your grandchild’s welfare. May offer more rights than legal custody.	Parents have a right to visitation. Can request custody again someday (must petition the court).	Grandparents desire long-term commitment and want authority to make decisions
Adoption	Grandparents have all authority over the child Grandparents become the permanent legal “parent”	Parents lose all rights Cannot request custody later	Grandparents want to ensure that you will raise