Today’s Articles February 22, 2012
Wednesday, February 22nd, 2012- Custody battles and the Rights of Grandparents
Unfortunately the difficulty caused by a relationship breakdown is never restricted to the once-happy couple.
We all take into account nowadays that while husband and wife may be struggling enormously, their kids are probably suffering most of all, and the more the parents endure, the greater is the pressure on their little ones.
Often ignored in this cycle of damage though are the grandparents. They too have their connection 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 problem to maintain the relationship!
The end of the bond between dad amd mom should not need to mean the close of the grandparent’s connection with their grandchild. In fact, with the unique exception of cases where the grandparent relationship is being used by one of the parents for their own profit, it is always going to be in the greatest interest of the kids for them to be able to continue their other significant associations, like that unique relationship with grandpa and grandma.
In Texas, it is not normally a legal agreement for a biological or adoptive grandparent to file for custody of their grandchildren, as family law upholds that the best interest of the children 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 obviously exceptions to this rule, and in cases where there is reason to suggest that the child is at risk of some form of abuse, the grandparents can take the initiative and file a suit, suing for custody! This is not the norm of course, even in dire situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.
Indeed, if mum and dad fail to show themselves trustworthy enough to manage custody of the children, the grandparents are generally the initial persons approached by the court for custody. Otherwise, the court has to contemplate other relatives as potential custodians, especially where the parents of a child are dead or in jail.
These are of course the extreme alternatives – where grandparents are either taking custody of their grandchildren or are kept out of their lives altogether! In the greater number of cases, the grandparents just have to go through similar struggles to those of the non-custodial parent – doing their best to organise access times that fit in with the new schedule, while at the same time giving first place to their grandchildren’s separated parents!
The 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 an exclusive position to assist the grandchild through a difficult time and dad and mom need to accept this.Indeed, the grandparents should work hard during a time of family dissolution to make themselves available to their children and children’s kids, while of course remaining careful to avoid taking sides and letting their aggravation fall on to any of the little ones!
Hopefully the time the kids spend with nan and pop will be time to rest and recover from the complications of their lives.
For more information on Custody Rulings and the place of grandparents
http://[www.texaschild-custody.com]
- In most states, a court’s decision about child custody during a separation used to be simple to make.
In most states, a court’s decision about child custody during a divorce used to be simple to make. The judge would give custody to the mom. The dad got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors to find out which parent is the correct custodian of the children. The level of complexity in custody decisions has drastically risen and decisions are no longer clear-cut.Florida is one state that places an emphasis on the protection of children involved in a divorce. The preeminent interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a catalog of factors a judge must consider in every custody decision:
1. the child’s school and home history;
2. the permanence of the child’s proposed home;
3. the continuity of the child’s situation;
4. the parent’s competence to provide the necessities of life;
5. love, affection, and existing ties with either parent;
6. any history of domestic violence; and
7. the parent most likely to progress the child’s continued contact and relationship with the other parent.
There are two factors that appear to be most important:
1. the history of domestic violence and
2. the parent most likely to support the child’s continued contact and relationship with the other parent. The importance of considering domestic violence is clear. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not attentive of and do not comprehend why factor #2 is so important: the parent most likely to promote the child’s continued contact and relationship with the other parent. And because there is so little sentienceAntonym of this factor, it presents both a great opportunity and great risk for parents seeking custody of their child. The “best interests of the child” standard was developed by lawyers, judges, child psychologists, and social workers. It represents a balancing of interests and is designed to benefit the child. The states that have adopted this standard believe a child should have a continuing bond with both parents, even after a divorce. And that mutual bond is best promoted by a parent that promotes visitation with the non-custodial parent. The parent that appears to promote the child’s contact with the other parent will get a strong preference in a custody decision. The parent that refuses visitation with the other parent will hurt themselves in a custody decision. Cooperation with visitation can take a lot of forms. A suggested pattern of conduct includes: avoiding discussions of adult divorce issues with the children, making reasonable arrangements for weekly visitation, openness about sharing holidays with the children, and participating in joint decision making about major children’s issues.If you are contemplating divorce, you should educate yourself about how courts and judges make decisions. By educating yourself, you can make sure a judge will look favorably at your behavior. A divorce doesn’t have to be a guessing game. The educated spouse will always get a more favorable outcome.