Legal Steps You Can Take If You Will Be Raising Your Grandchild
If your son or daughter agrees to let you raise his or her child for a period of time, it will be important for you to have the right legal authority over the child. Getting the right legal work completed will be a necessity for you if you plan on raising your grandchild for a while, and a family attorney can help you complete the necessary tasks. While there are several ways to handle this, here are two options you might want to discuss with your attorney.
Power of attorney
If you and your child are not ready to transfer legal custody rights of the child to you, there is another option. This option is through a power of attorney. Getting a power of attorney would allow you to make medical decisions, financial decisions, and other decisions for the child without the parent of the child consenting to it.
Power of attorney basically gives you all the rights you need for temporary guardianship of a minor. This can be helpful for a child of any age, and it does not relinquish the rights of the child's parent. The child's parent can still be involved; however, you will also have the rights to make all decisions relating to the child. Your son or daughter will also be able to revoke this agreement at any time if he or she chooses.
Legal custody
There are times when getting a power of attorney is not enough, but this is typically when the parent of the child is unfit to be raising the child on his or her own. In situations like this, you could try to gain legal custody of your grandchild.
If your child will not agree to give you legal custody of his or her child, you will have to fight for it. On the other hand, if your child agrees to this, you can have a family lawyer draw up the paperwork for both of you to sign.
Legal custody would give you all rights for the child, but it typically eliminates the rights the parent of the child has. This is why some parents will not agree to switch legal custody of their kids.
If you plan on raising and caring for your grandchild on a full-time basis, you should take the necessary legal steps for this. You can learn more about power of attorney and legal custody by visiting a family lawyer in your area.