Grandparents have always been the bedrock of many families, embodying wisdom, traditions, and unwavering love. That was certainly the case in my family when I was a child and is the case for my children. Now that I’ve become grandparent, I hope to serve that role for my new grandbaby.
More and more we are seeing grandparents having to step in and take on untraditional and more significant roles in the lives of their grandchildren.
According to the U.S. Census Bureau, over 2.5 million children in this country are being raised by grandparents or other relatives. More than 65,000 children in Alabama are being raised by grandparents, according to the Children’s Defense Fund. That number is even higher when you take into account grandchildren being supported and cared for by grandparents even though a biological parent is present in the home.
Why is this the case? Well, there are a myriad of reasons. Among them are: (1) unforeseen tragedies like the death of a parent, (2) unexpected life events like severe illness or disability of a parent or a parent abandoning a child, (3) financial hardships that render parents unable to care or their children, (4) illicit drug use and dependency, or (5) crippling mental health issues involving parents. If you are a grandparent and find yourself caring for one or more grandchildren, for these or other reasons, or needing to, you are not alone.
Caring for your grandchildren may involve considering a number of legal decisions for the best interest of your grandchildren, in order to protect them and bring safety, security, continuity, and stability to their lives.
I want to briefly mention a few things that Grandparents may want to consider, depending on their circumstances.
1. Power of Attorney – A Grandparent Power of Attorney is a legal instrument that allows a grandparent to temporarily assume certain decision-making responsibilities for a grandchild. A Power of Attorney may be an option for instance when a parent is temporarily unable to care for their child due to an illness or job assignment. It typically provides authority to make decisions concerning the child’s education, medical needs, and daily well-being. The child’s parent or parents usually grant this power, and it is distinct from a transfer of legal custody or guardianship.
2. Legal Guardianship- Legal guardianship provides a formal arrangement where a court appoints a grandparent to care for a minor child when parents are unable to do so. Guardianship is more of a permanent arrangement than a power of attorney and limits repeated disruption to the child’s home environment. Legal guardians can consent to medical treatment, enroll a child in school, obtain documents like birth certificate for a child and prevent birth parents from taking your grandchild from your home without the Court’s approval.
3. Physical Custody or Legal Custody–
Physical Custody – Under certain circumstances, it may be wise to have a physical custody agreement. Physical custody determines where a child lives and who handles their daily care. Gaining physical custody would involve an informal agreement with natural parents to care for the children in their home without legal or court-ordered authority, but it does not authorize decision-making authority. For that you may need a court to grant legal custody.
Legal Custody – Seeking legal custody of a child comes into play when the parents are unfit, have abandoned the child, are deceased, or in order to prevent harm to the child. A petition would be filed with a court to grant you legal custody, giving you legal authority to make all decisions regarding a child’s upbringing including, but not limited to, decisions related to education, healthcare, and religious training.
4. Adoption – Sometimes it in the best interest of a child for the grandparents to legally adopt him/her. Adoption provides a legal permanent connection that will endure for lifetime and provides permanency and continuity that would contribute to a child’s physical, social and emotional development and overall wellbeing. An adoption terminates the rights of the natural parents and permanently vests grandparents with all of the rights necessary to provide for the care of the grandchild, including the right to make decisions about the child’s education, religious upbringing medical care, and other important areas of their lives.
5. Grandparent Visitation – Lastly, there are, unfortunately, sometimes situations where grandparents are being prevented from seeing their grandchildren. Under certain circumstances set out in law, a court may grant visitation to a grandparent if visitation is deemed to be in the best interest of the child.
This is just an overview of options and decisions that grandparents might find themselves contemplating. Grandparents hold a special place in the hearts of folks here at The Adoption Firm and McLure & Associates. If you need help navigating decisions on how to take action that is in the best interest of your grandchildren, give us a call. From one grandparent to another, we would love to talk to you.
After 25 years in state service, having worked as an Assistant District Attorney in the 15th Judicial Circuit and as Assistant Attorney General, Greg has joined The Adoption Law Firm. In addition to child welfare law, Greg has extensive experience working in state regulatory matters and governmental and legislative affairs. Greg has also served as the General Counsel for the Alabama Hospital Association. Greg is married to Angela and lives in Pike Road. He is the proud father to two children and a recent grandfather to a beautiful granddaughter.
Adoption Day Reflections with The Lansdell Family
