The family dynamic has expanded and evolved in the United States, and the traditional role of parent has also become vastly different than decades past. Today, various family members, including a child’s grandparents, often raise children. The legal system supports and encourages the solidification of a family dynamic that is in the best interest of the child and ideal when creating a home environment.
Parents and grandparents alike may recognize that the child is better off living with them, or the grandparents may feel their care would be best in contrast to the wishes of the child’s biological parents. Depending on the child’s age, they may also have an opinion sought by the court regarding who they wish to live with. After full analysis of relevant factors, a judge will use his or her discretion when deciding whether or not a grandparent should have established legal rights over their grandchild.
Why a Grandparent May Wish to Establish Legal Rights
A variety of circumstances may lead grandparents to assume a parental role of caring for a child. Due to the death, illness, neglect, incarceration or deployment of biological parents, a grandparent may need to step in and care for the child. Visitation rights may not be an issue because the child already lives with their grandparents on a temporary or permanent basis. However, despite their current custody status, grandparents may wish to also establish legal rights of the child. Oftentimes grandparents may be left to figure out the situation and circumstances without the child’s parents’ help, or anyone else’s assistance for that matter. An experienced and understanding attorney such as Tom McDowell can discuss your matter with you and help you develop a plan that best suits your needs and the needs of the child.
Although a grandparent may care for a child financially and physically, they may not have the legal ability to make certain decisions on their behalf. For example, to make medical, health insurance, dental, or education decisions, legal rights may have to be established on behalf of the grandparents. In addition you have to have legal rights in order to obtain the child’s birth certificate or social security card. In order to fully have the right to act as a parent would act, and care for a child the way a natural parent could care for the child, a grandparent must establish legal rights over the child.
A variety of options exist that can establish adequate legal rights depending on the permanency and length you desire to care for the child. A Power of Attorney can be created, guardianship can be established, or you could explore the permanent option of legally adopting the child. Each of these options can be discussed and reviewed with a qualified Kansas guardianship and adoption lawyer.
Contact Kansas Guardianship Lawyer Tom McDowell to Establish Legal Rights of Your Grandchild
The family dynamic can be complicated, but establishing legal rights of your grandchild doesn’t have to be. Call Kansas Guardianship Lawyer Tom McDowell, of McDowell Chartered Legal Services, today at (316) 269-0746, to discuss the best options available to you and your grandchild.
