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Key Facts You Should Know When There Is Fear Of A Custody Dispute From Your Parents Or In-Laws Over Your Children

Law Blog

If you are the parent of one or more minor children and for any reason, the kid's grandparents are threatening to sue for custody of them, it's easy to permit those threats to impact your life unnecessarily. However, it's important to be aware that grandparent's rights are often quite limited and their rights to access of the children in question can vary from one state to another. In addition, courts will almost always prefer to side with the biological or legal parents when there are custody issues prior to placing them with a third party, even if the third parties are extended family members. Therefore, before you allow what could easily be empty threats from the minor's grandparents to upset you, it's best to consider the following facts and consult with an appropriate attorney in your state:       

Know That Most States Restrict The Rights Of Grandparents, Even If A Significant Existing Relationship Can Be Established   

It's often surprising for both parents and grandparents to discover that the role of grandparents can often be determined by the parents, until and unless abuse or neglect can be legally established. In addition, the determination of that abuse must be determined by the authorities and therefore, grandparents cannot expect to gain custody of the minor children because they don't agree with the parenting choices that are being made. That remains true even if an existing relationship can be established between the two parties. 

Understand When A Situation Might Permit Custody Changes

It is also crucial to have a clear understanding of when custodial changes might be necessary or approved by the courts.  For instance, the religious preferences, or lack thereof, that are observed by the parents and kids and disagreements as to appropriate bedtimes are rarely adequate for custodial changes within the family. However, abandonment, mental illness, incarceration and voluntary, binding custodial changes can permit a change in custody. For a specific and precise evaluation of your specific situation, you should take the time to speak with a family law attorney to better acquaint yourself with the laws in your state.      

In conclusion, it can seem as if your parents or the children's other grandparents consistently have the right to sue for custody, even if their wishes aren't  related to legitimate allegations of child neglect or abuse. If that situation has been threatened in your family, it's a good idea to consider the above facts and speak with an experienced custody attorney to determine if those custody concerns or threats are actually of any concern.

Contact a law office like Scott Lyons Attorney at Law for more information and assistance. 


26 July 2017