Temporary Custody Order for Grandparents

December 2nd, 2019

Grandparents can gain custody of their grandchildren in various ways. One way is to obtain a temporary custody order for grandparents if there is a situation that warrants an immediate need for or temporary change of custody. Read below to learn more about custody orders that allow children to live with their grandparents. Call Law Offices of Rick D. Banks for help with your child custody issues. When a grandparent wants to gain custody of their grandchild, it can be a complex issue fraught with many court hearings and legal documents. Contact us today at (559)222-4891.

Gaining Physical Custody with Power of Attorney

Grandparents may gain physical custody of their grandchildren through a power of attorney (POA). When a parent asks grandparents to care for a child on a temporary basis, it is often done through an information arrangement. However, a POA can ensure that the grandparents can make decisions regarding school and medical treatment. A POA is a simple form giving custody to grandparents that is then notarized and submitted to the court. The court may then issue a temporary custody order for grandparents. A POA may be effective for a certain amount of time, ending on a specified date, or until the child is 18. Additionally, the parent may revoke the POA with the court at any time. Some states allow parents to sign medical and educational consent forms that make a full POA unnecessary. If the parent’s whereabouts are unknown, grandparents may be able to file affidavits to obtain a POA and other consent to care for their grandchildren.

Fostering Grandchildren

Grandparents may also serve as foster parents for their grandchildren on a temporary basis. This may be called kinship care. In this situation, the grandparents get physical custody of their grandchildren, but the state retains “legal custody.” With legal custody, the state may make major decisions regarding education and medical care. When grandparents are foster parents, they may have to go through training and certification. They will also be subject to visits and evaluations from Child Protective Services. In 2008, a federal law passed that mandates notification of adult relatives when children are taken into state custody. Relatives are given an opportunity to foster and are provided with support to make the situation successful.

Guardianship of Grandchildren

When a grandparent serves as the guardian of a grandchild, they have legal custody and can make decisions about major life matters, such as education and medical care. A guardian may name someone else to care for their grandchildren if the grandparent is unable to do so themselves. Parents generally retain visitation rights under a guardianship situation.

Adoption of Grandchildren

Adoption is a more permanent placement arrangement than other change of custody situations for grandchildren. Adoption would give grandparents parental rights and the ability to make major decisions about all areas of a child’s life. Grandparents who adopt their grandchildren may be eligible for an adoption subsidy and adoption tax credits. Children remain eligible for medical care through the state.