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What are the legal rights of a grandparent?

| Feb 2, 2017 | Family Law |

Although you think your grandchildren should be raised by their parents, you may sometimes find that it is necessary for them to live with you in Wisconsin. Because custody rights can vary from state to state, it is important to understand what your rights are.

It may sometimes be difficult to gain custody of your grandchildren. According to Grandparents.com, grandparents’ rights are fairly new in many state legislatures, and custody provisions are not always straightforward. Courts usually need to do what is best for your grandchildren. If parents are unwilling to relinquish custody, you may have difficulty proving that your grandchildren should live with you. Additionally, courts sometimes prefer to keep children with their parents if one of them is still alive.

When deciding whether or not to grant you custody, the court usually takes a few things into consideration. These include your relationship with your grandchildren and how long you have been actively involved in their lives. The children’s particular needs and your ability to meet them may be considered as well. Sometimes the court may ask your grandchildren what they would like.

Your custody rights may sometimes depend on where both you and your grandchildren live. If your grandchildren live in a different state, you can still receive custody. Acts such as the Parental Kidnapping Prevention Act of 1980 ensure that child custody granted in one state is still valid in another. This is especially beneficial if you realize you need to move closer to your grandchildren to better understand their home environment.

This information is general in nature. It should not be considered legal advice.