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Legal Issues Facing Grandparents Raising Grandchildren in Today ’s Society

According to the United States Census there are 5.7 million grandparents in the United States who are raising their grandchildren. They are doing so for a number of reasons; the parents may be addicted to drugs or alcohol, or are incarcerated. This is quite a large number of grandparents raising grandchildren, and these grandparents have many legal needs. In Colorado, for example, approximately 5,600 grandparents have obtained court orders allowing them access to their grandchildren (for reasons other than grandparent visitation) because the parents are unable to raise their children in a safe environment. Grandparents often seek rights to guardianship, temporary or permanent custody, or adoption.

Generally, grandparents need some kind of legal help to get temporary or permanent custody, guardianship or adoption of their grandchildren. The grandparents are responsible for most of the basic needs (i.e., food, shelter, clothing) of one or more of the grandchildren living with them, and without getting custody of some sort, these grandparents cannot apply for state financial aid to help them raise the children. In addition, grandparent visitation, custody, and intervention for rights through Human Services is a very specialized field of law, and it is sometimes a challenge to find someone that is competent in these areas. If legal paperwork is not done correctly, one could lose grandparent rights or lose access to the child completely, through adoption into another family.

In every state there are laws that govern who is responsible for the children. If a person with parental responsibility is not the birth parent, court-ordered custody documents are required to apply for state aid, health insurance, enroll the children in school and get them medical care. Finding qualified attorneys to help grandparents wade through the maze of legal issues seems to be the challenge.

Grandparents can apply for Legal Aid, but most of the time Legal Aid has so many cases that the grandparent have to wait a very long time, and that is time the children do not have. Children need medical attention and need to be enrolled in school, and some need daycare. A grandparent must have legal custody if he or she expects to have these basic needs met for the children. If the grandparent is constrained financially by low income, or has only social security or a pension as their primary income, their only legal resource may be Legal Aid. If the grandparents are working, they can either hire an attorney which could cost them thousands of dollars, or they can do their own legal paperwork and present their case Pro se. They will need to petition the court for a hearing to request legal guardianship of the children. But nowadays, the legal paperwork required is a nightmare and it is difficult to understand what is needed in order to petition the court. A sympathetic Clerk of the District Court may try to help, or the Pro se Center at the courthouse may offer a packet of information at a minimal fee, but most of the time all the paperwork the grandparent might need is not in the packet. A compelling case needs to be prepared and presented. This sounds daunting, but help is available.

There is one organization available to help grandparents with legal custody issues. It is the Grandparents Resource Center based in Denver, Colorado. The GRC has a staff of people ready to help grandparents with custody or adoption issues. The Grandparents Resource Center has been in business for 15 years and is ready to help grandparents do their own legal custody paperwork. On staff is an office attorney who will answer any questions that grandparents might have. Shirley Berens of the Grandparents Resource Center has firsthand experience with successfully obtaining custody of grandchildren, and she sympathetically tells her clients, “You can’t lead someone across the desert until you have walked it yourself.”

The Grandparents Resource Center is a nationally known, expert organization known for getting positive results in child custody cases. Especially heartwarming are cases where children have been placed in foster care pending receipt of information to the courts; when these children are reunited with grandparents with whom they are familiar, they are thrilled. However, the welfare of the child is of the utmost concern to all involved; a judge will insist on being completely informed of all aspects of the child’s potential new environment, and makes a decision based on that evidence. The Grandparents Resource Center assists clients in preparing a case that will meet the courts’ requirements.

In conclusion, I would urge grandparents to do the necessary work to help their grandchildren. There are legal issues involved, but they are not insurmountable. The right advice at the right time can help. Be an assertive advocate for the children. Gather as many resources as possible to understand the issues and requests, and don’t be afraid to do your own legal paperwork. The judge wants to hear everything you have to say. Be willing to do what it takes; these little ones need you to speak up for them.

If you have any questions, please call the Grandparents Resource Center at 303-980-5707. Shirley Berens look forward to hearing from you.