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Are you trying to look out for the well-being of your grandchildren? Let us help you petition for grandparents’ rights.

Grandparents play a crucial role in the lives of their grandchildren. While some grandparents help with babysitting or contribute to special memories, there are cases where they must play a bigger role. However, unforeseen circumstances can sometimes necessitate a more significant role. In situations where children require dedicated care and attention, grandparents can be a vital source of support.

Unfortunately, grandparents don’t have parental responsibility, but they can petition the court for these rights with the help of a family lawyer under various conditions. Understanding the requirements and statutes in your state can go a long way in helping you submit a winning petition.

The Arcaro Law Group offers family law services that can help grandparents secure parental responsibility for their grandchildren to ensure their best interests are properly considered. We are passionate about family law and will work relentlessly to pave the way for the best outcome for the families we work with.

What Are The Legal Grounds For Grandparents Seeking Custody Or Visitation?

Arcaro Law Group | Sunny Isles, FL Family Law Attorney

Grandparents can petition the court for parental responsibility rights based on various legal grounds. The circumstances and requirements for each legal ground are different, and the considerations of each petition can vary. Working with a family law attorney can ensure that your petition meets the threshold and is successful.

Death Or Incapacitation:
If both of the child’s parents become incapacitated and didn’t have a will at the time of their incapacitation, the situation of the children’s custody is determined by the courts. Typically, grandparents or siblings are next in line for parental responsibility.
Grandparents must prove to the courts that it is in the best interests of the child to gain parental responsibility rights.

Voluntary Custody Agreement:
When a child’s parents are struggling and require support from grandparents to bring up the child, the grandparents can petition for parental responsibility of their grandchildren to help provide for them and become the legal guardian.
Such rights give the grandparents the authority to enroll the children in school and even make medical appointments for them. In a voluntary custody agreement, the courts review the agreement to avoid coercion and verify that it is in the best interests of the child to grant custody to the grandparents.
Unfit Parents:
Grandparents may also petition the court through family law service for custody for their grandchildren if they believe their parents are unfit.
This type of petition is also called an “involuntary termination of parental rights.” In the petition, the court can determine that the home is unsafe for the child because of the potential for harm from the parents or their inability to provide for the child’s needs.
The grandparents can petition for the custody of the children, but they need to collect and provide evidence to the court to substantiate the unfitness of the parents.

On the surface, these may look like simple petitions. However, each petition has its merits and burden of proof. It is also important for grandparents to know that courts favor parental rights over the rights of the grandparents, so your petition has to be compelling to acquire grandparents’ rights.

Lawyers understand the legal threshold required for the petitions to be successful and the type of evidence you need to present in each legal ground for the court to consider your petition.

Important Considerations When Filing For Grandparent’s Parental Responsibility Rights

Courts take a serious stand on the safety and welfare of children and consider numerous factors when making their rulings on grandparents’ visitation and custody rights. Some of these key considerations include the following:

The Child's Best Interests:
Courts will consider the child’s emotional ties with their grandparents before making their ruling. They will also consider what the child needs and whether the grandparents provide a stable home environment for the child.
Existing Relationship:
Having an existing and close relationship with the children can be a plus when filing for a petition. The level of involvement and the quality and duration of your relationship with the children weigh heavily on the court’s ruling.
Parental Objections:
In cases where the parents object to the petition, the court considers their reasons for their objection and how the petition could impact the child’s relationship with their parents.

The court may also take other factors into account, such as the child’s wishes and the well-being of the grandparents.

Call Now For A Consultation(954) 546-7280

The Arcaro Law Group: Helping Families In Sunny Isles, FL Navigate The Legal System With Efficiency

We give you the best chance of looking out for your grandchildren’s best interests.

Fighting for grandparents’ rights can feel like an uphill battle. However, it’s not impossible to make the case, especially where the facts of the petition are evident. At The Arcaro Law Group, we specialize in helping families find creative and practical solutions to their legal problems and we’re prepared to help you with grandparents’ rights.

You can contact our office today in Sunny Isles, FL at (954) 546-7280 for a consultation and to get started on your petition.