Obtaining Permanent Custody of a Grandchild in Alpharetta

Any situation that takes custody away from a child’s parents is difficult. However, unfortunately there are times where you may be forced to consider obtaining permanent custody of a grandchild in Alpharetta.

However, you do not have to go through this process alone, our team is here to help you. Our compassionate lawyers thoroughly understand the laws surrounding grandparent custody and can use our knowledge to advocate for you.

Parental Rights

Parents have the right to raise their child as they see fit even if the grandparents do not agree. It is very difficult for a grandparent to get custody of a grandchild except in cases of ongoing abuse and neglect, or under other extraordinary circumstances. Some examples of situations in which children might be removed from the care of their parents include instances of:

  • Abandonment
  • Physical abuse
  • Neglect
  • Sexual abuse
  • Emotional abuse
  • Substance abuse by a parent

How can a Grandparent Obtain Custody?

Even if conditions are met to remove the child from the parents’ care, the grandparents will not necessarily be given custody. The court will need to further evaluate the case to determine whether it really is in the child’s best interest for the grandparent to obtain permanent custody.

The best interests of the child include many factors such as what the needs of the child are and the grandparents’ ability to meet those needs. The court will also look at the wishes of the child, if they are old enough to have a say in the decision.

Courts will also look at the distance between the child and the grandparents and the length and strength of the relationship between the child and the grandparents. Finally, the age and health of the grandparents may also influence the courts decision.

Temporary vs. Permanent Custody

Someone with temporary custody has guardianship of the child until he court reaches a permanent decision. Any custody arrangement that is ordered by the court indefinitely is considered permanent.

It is important to remember, however, that permanent custody is not always permanent. Granting grandparents custody does not terminate parental rights. If, for example, a grandparent is granted custody, but the parents’ situation later changes, the parent may file a motion for a new custody hearing.

Reasons Not to Pursue Permanent Custody of Grandchildren

Obtaining permanent custody of a grandchild against the wishes of the parent can be extremely difficult. A grandparent may wish to consider other options such as temporary guardianship or visitation with the grandchild.

It is not unusual for parents to regain custody of children once they are in a better position to care for them. In some cases, parents may be angry and upset with the grandparents because they obtained custody of the child. Some parents may even try to cut off all contact with the child. Grandparents looking to exercise their rights may also want to consider mediation to help maintain a positive relationship with the parents of the child.

Ask an Attorney About Obtaining Permanent Custody of a Grandchild in Alpharetta

It is scary for a grandparent to see the parents of their grandchild unable to care for them. However, obtaining custody of a grandchild in Alpharetta is difficult because parents are presumed to have the right to raise their children as they see fit. Still, that does not mean that there are not situations in which grandparents can obtain permanent custody of a grandchild.

If you have further questions about your situation and options for obtaining permanent custody of a grandchild in Alpharetta, we can help. A member of our team can help you decide the right course of action for your family and fight for your rights.

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