Child Custody And The Place Of Grandparents Article

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Child Custody and the place of grandparents

Unfortunately the pain caused by the dissolution of a marriage is never restricted to the unhappy couple.

Author: Rev. David B. Smith

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Unfortunately the pain caused by the dissolution of a marriage is never restricted to the unhappy couple.

We all comprehend nowadays that while a couple may be suffering enormously, their kids are probably struggling most of all, and the more the parents suffer, the greater is the pressure on their little ones.

Often unnoticed in this cycle of loss though are the grandparents. They too have their bond with their grandchildren threatened by the the breakdown of a marriage, and in their case it can be both a practical impediment and a legal strain to maintain the marriage!

The end of the relationship between mother and father should not need to mean the death of the grandparent's connection with their grandchildren. In fact, with the singular exception of cases where the grandparent relationship is being exploited by one of the parents for their own advantage, it is always going to be in the greater interest of the children for them to be able to continue their other significant relatives, like that unique relationship with grandma and grandpa.

as elsewhere in the US, it is not normally a legal choice for a biological or adoptive grandparent to file for custody of their grandchild, as family courts upholds that the best interest of the kids are normally served by maximizing contact with their parents, providing that they have shown themselves willing to serve the child's best interests.

There are certainly exceptions to this rule, and in cases where there is evidence to suggest that the youngster is at risk of some form of abuse, the grandparents can step forward and file a suit, suing for custody! This is not the normal pattern of course, even in disastrous situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.

Indeed, if two parents fail to show themselves accountable enough to manage custody of the little ones, the grandparents are generally the most likely persons approached by the court for custody. Otherwise, the judge has to take into account other relatives as potential legal custodians, especially where the parents of a child are dead 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 majority 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 family arrangements, while simultaneously giving priority to their grandchildren's separated parents!

The family law court judge can of course order that a grandparent be given reasonable possession or access to a grandchild, but they will normally leave these arrangements to be worked out privately with the parents.

Ultimately a grandparent is in a distinctive position to assist the grandchild through a challenging time and dad and mom need to recognise this.

Indeed, the grandparents should work hard during a time of family dissolution to make themselves available to their children and children's children, while of course remaining careful to avoid taking sides and letting their frustration spill over on to any of the kids!

With any luck the time the little ones spend with grandpa and grandma will be time to rest and recover from the difficulties of their lives.

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For more information on Child Custody - the custody rights of Grandparents
http://www.texaschild-custody.com/custody-rights-of-grandparents.php?maxi

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Child Custody and the place of grandparents