Can You Give Up Legal Custody of Your Grandchildren?

By Robin Elizabeth Margolis

One in ten of all American children now live with a grandparent, according to a 2010 Pew Research Center report. If you are a grandparent with legal custody of your grandchildren, you can give up custody for a wide variety of reasons.

One in ten of all American children now live with a grandparent, according to a 2010 Pew Research Center report. If you are a grandparent with legal custody of your grandchildren, you can give up custody for a wide variety of reasons.

Custody Problems

Raising grandchildren can stress your health, income and time, and isolate you from your friends. You may have trouble managing problems caused by your grandchildren's learning disabilities, attention deficit disorder, disruptive behavior disorder, addictions and crimes. You may have no choice but to remove teenage grandchildren from your home if they have emotionally, physically, financially or sexually abused you.

Divorce is never easy, but we can help. Learn More

Get Help

Before giving up custody of your grandchildren, consider getting counseling, a medical examination for both yourself and your grandchildren and other needed assistance, such as financial help. The federal government maintains a list of resource at its "Grandparents Raising Grandchildren" web page. Georgia State University hosts a National Center on Grandparents Raising Grandchildren that offers links to all fifty states' resources for custodial grandparents on its "Grandparent Programs by State" web page. If your situation does not improve after seeking help, it may be time to relinquish custody of your grandchildren.

Finding New Guardian

Ask relatives and friends if any of them would be willing to assume custody of your grandchildren. Consider returning your grandchildren to their parents if the problems that caused transfer of custody to you have been resolved. Contact your state foster care service about putting your grandchildren in foster care if you cannot find any relatives or friends willing to serve as guardians. A relative can potentially become a kinship foster parent and receive reimbursement for the cost of caring for your grandchildren. Remember that you have the same right as your grandchildren's parents to turn your grandchildren over to the juvenile justice system if they are chronic runaways, committing crimes, addicted to alcohol or drugs or have abused you.

Legal Procedures

Each state has its own set of complex laws and legal forms governing guardianship and child custody. You may need to hire a family law attorney to guide you through the maze. Whether you obtained guardianship of your grandchildren through a juvenile court, a probate court or a family court, your lawyer can direct you to the court where you need to file a petition to be discharged from your guardianship. A family member or friend who wishes to become the new guardian can usually file a petition in that court to assume your grandchildren's guardianship.

Grandchildren's Parents

If your grandchildren's parents are able to resume custody, they must first notify the court; you cannot simply return your grandchildren to their parents' home. If you legally adopted your grandchildren, you have replaced their original biological parents. When your grandchildren are turned over to a new guardian, you may have to pay child support until they reach the age of majority in your state or have finished college. You may have to pay child support after a grandchild reaches the age of majority if he has special needs.

Divorce is never easy, but we can help. Learn More
How Do Grandparents Get Custody of Their Grandchildren in South Carolina?

References

Resources

Related articles

How to Relinquish Custodial Rights in Tennessee

The decision to relinquish custodial rights is one that can dramatically affect the life of your child. If you are considering giving up custodial rights, consult with your lawyer and decide whether the other parent is equipped to take custody of your child. If the other parent is unfit or unwilling to take custody, your child could end up in state custody. In Tennessee, the Department of Child Services manages cases of abuse involving children, but also offers referrals to families in crisis. If you are having trouble managing your children, consider contacting a mental health professional or an agency that can refer you for help.

Do I Need an Attorney to Obtain Legal Guardianship of My Minor Grandchild?

Legal guardianship is a status that allows a person, such as a grandparent, to care for a minor child and make decisions on her behalf. The laws governing guardianships vary between states, but in most jurisdictions, you need a file a petition with the court to obtain legal guardianship of your minor grandchild. Although it is possible to obtain legal guardianship without an attorney, in many cases, it is advisable for grandparents to retain counsel.

How to Change My Granddaughter's Last Name

Life expectancy in the U.S. has increased over the past century. As a result, more grandparents live to influence the lives of their grandchildren. Although grandparents can help shape a child's ideals, morals and goals, their legal rights with regard to their grandchildren are limited. As a grandparent, you generally cannot change your granddaughter's last name unless you adopt her or obtain her parents' consent to do so.

Get Divorced Online

Related articles

Legal Guardianship of a Stepchild

As a stepparent, you provide emotional and financial care for your stepchild, but your stepchild's biological parents ...

Rights of a Stepdad vs. the Biological Father

A biological father, also known as a birth father, has stronger legal rights over his child than the child's stepdad. ...

Can Someone Take Guardianship if I Have Sole Legal Custody?

If you have sole legal custody of your child, but you develop personal problems that create an unsafe home for him or ...

What Does Legal Guardianship of Grandchildren Mean?

Legal guardianship is a formal status under which grandparents assume a limited set of rights and responsibilities for ...

Browse by category
Ready to Begin? GET STARTED