Custody Rulings and the situation for Grandparents
by: Guest
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We all realize nowadays that while parents may be distressed enormously, their kids are probably suffering most of all, and the more the parents go through, the greater is the pressure on their kids.
Often ignored in this cycle of hurt though are the grandparents. They too have their bond with their grandchildren threatened by the a relationship breakdown, and in their case it can be both a practical strain and a legal impediment to maintain the relationship!
The end of the connection between mother and father should not need to mean the conclusion of the grandparent's marriage with their grandchildren. In fact, with the rare exception of cases where the grandparent relationship is being manipulated by one of the parents for their own benefit, it is always going to be in the greatest interest of the children for them to be able to continue their other significant relatives, like that unique relationship with grandma and grandpa.
In most courts, it is not normally a legal alternative for a biological or adoptive grandparent to file for custody of their grandchild, as family courts upholds that the best interest of the little ones are normally served by maximizing contact with their parents, providing that they have shown themselves willing and able to serve the child's best interests.
There are certainly exceptions to this rule, and in cases where there is an indicator to suggest that the young person is at risk of abuse, the grandparents can step forward and file a suit, suing for custody! This is not the normal pattern of course, even in drastic situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.
Indeed, if mum and dad fail to show themselves dependable enough to manage custody of the little ones, the grandparents are generally the most likely persons approached by the court for custody. Otherwise, the court has to take into account other members of the extended family as potential legal carers, especially where the parents of a child are deceased or in jail.
These are of course the extreme options - where grandparents are either taking custody of their grandchildren or are shut out of their lives altogether! In the greater number of cases, the grandparents just have to go through similar battles to those of the non-custodial parent - doing their best to organise access times that fit in with the new schedule, while all the time giving priority to their grandchildren's estranged parents!
The family law court judge can of course order that a grandparent obtain reasonable possession or access to a grandchild, but they will commonly leave these arrangements to be worked out privately with the parents.
At the end of the day a grandparent is in an exclusive position to assist the grandchild through a grueling time and the two parents need to comprehend this.
Indeed, grandpa and grandma should work hard during a time of family dissolution to make themselves available to their children and children's kids, while of course remaining careful to shun taking sides and letting their weariness spill out on to any of the children!
Hopefully the time the little ones spend with the grandparents will be time to rest and recover from the complications of their lives.
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For more information on Child Custody Rulings - how it affects grandparents
http://www.texaschild-custody-com
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