Posted on: 28 April 2017
There are times where neither the mother nor father will not be able to take care of the children. In this case, one or both sets of grandparents may step up as the next of kin in order to raise the children. Split custody between both sets of grandparents is not traditional, but it can work out in the favor of everyone in the family. Here are three steps to paternal and maternal grandparents sharing custody of their grandchildren.
Have the parents sign over guardianship
In some custodial cases parents do not wish to give up their rights, but instead, sign over guardianship. Guardianship gives the parents the rights to make decisions and to take custody of their grandchild without having to stop or impede the rights of the parents. As a mutual decision, both parents should sign over guardianship to both sets of grandparents. The guardianship should be made mutual and equal so that all grandparents have a say in the medical and legal decisions for the child. Parents can also be granted visitation and access via phone calls without restriction within an agreement.
Formalize an agreement with a family law attorney
The best way to set up an iron clad legal agreement about the custody and future of a child is to go to a family law attorney. Since the agreement will be amicable between all parties, everyone should come together and hire a family lawyer. The family lawyer can draw up a custodial contract as well as an agreement between all parties on what is expected as far as child support, who makes medical payments, the division of vacation time, and more. This will make sure that everyone is on a single page and each party knows their role in the agreement and day to day life of the child.
Determine if the agreement has an end date
If the parents are unable to care for the child temporarily, such as due to military duty or becoming unemployed and working on the situation, there can be an end date to the parental custodial agreement. Everyone can agree to a date in the future in which custody will be turned back over to the parents. If everything is up in the air as far as parental stability, the agreement can be set without an end date, with a clause that if the parents are to become stable, custody will be renegotiated between all parties. This will allow everyone, including the courts, to come together and determine what type of custodial arrangement is the best for the child.
For more information about custody, talk to family lawyers like Marlene Dancer Adams.Share