Towson Grandparents Rights Lawyer
There are many individuals who make up a family unit. Mothers, fathers, children, siblings, and grandparents are just a few of these. With so many people, disputes are bound to arise and when they do, they sometimes require the intervention of the courts. Family law disputes are some of the most difficult because emotions run very high and opposing parties are very close to each other.
If you are a grandparent and fear that your grandchild is not being treated properly, you know just how difficult these situations can become. Below, our Towson grandparents rights lawyer outlines when you may be able to obtain child custody, and when you cannot.
Obtaining Child Custody of a Grandchild
In some cases, grandparents can obtain both physical and legal custody of a child. Physical custody refers to where the child lives while legal custody refers to the authority to make important decisions for the child. While possible, it is very difficult for grandparents to obtain either type of child custody.
In order to obtain custody as a grandparent, you must show the court that you are a ‘de facto’ parent. That is to say that you have taken an active parenting role and that you have created a special bond with the child. If you cannot show that you are a de facto parent, you must show exceptional circumstances that the parents are unfit, and that it is in the child’s best interests for you to have custody.
If you can prove exceptional circumstances, you must petition the court to award you child custody. A hearing will be held, during which you can present your evidence and make arguments for custody.
When are Parents Deemed Unfit in Towson?
Family law judges do not declare a parent as unfit simply because the grandparent does not agree with their parenting decisions. For example, if your child is raising the grandchild in a religion you disagree with, a judge would not consider that enough to deem the parent as being unfit. Instead, a judge will consider a number of factors and the evidence presented. A judge may deem a parent as unfit if any of the following apply:
- The parents neglected the child
- The parents abandoned the child
- The parents have physically, emotionally, or sexually abused the child
- The parents suffer from a mental illness that renders them unable to care for the child
- There has been a history of other harmful behavior that negatively impacts the safety and well-being of the child
Claiming that a parent is unfit can damage the relationship between you and your child, as well as with your grandchildren. Before petitioning the court, it is critical that you speak to a Towson grandparents rights lawyer who has the necessary experience with these types of cases.
Our Grandparents Rights Lawyer in Towson Can Assist with Your Case
If you need to seek custody of your grandchild, it is important to know that you are facing an uphill battle. At Lebovitz Law, our Towson grandparents rights lawyer can help you prove your case and give you the best chance of the successful outcome you are hoping for. Call us now at (410) 657-6494 or contact us online to schedule a consultation.
