Grandparent Custody Issues From a Lawyer’s Viewpoint

Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

In an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing and reading about this happening or phenomenon?

    1. Some parents have problems with untreated mental illness. Our firm recently assisted Grandparents in gaining “temporary custody” of their young Grandson as the child’s Mother has Bipolar Disorder, aka Manic Depressive Disorder. When she adhered to her medication regime, she could provide safe and effective parenting for her Son. When she decided to discontinue her psychotropic medications, symptoms of her mental illness returned and she was not capable of providing for the needs of her Son.

 

  • Some parents have problems with alcoholism and other addictions. Persons who become physiologically and psychologically dependent upon
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Domestic violence and some relevant statistics. What do they tell us?

Domestic Violence is defined as a pattern of behavior utilized to establish power and control over another person. It typically involves an escalating pattern of abuse where one party in an intimate relationship controls the other through intimidation, threats of violence or actual violence. The abusers frequently manage to virtually “brainwash” the victim into believing that it was his/her fault and the abuse or beating was deserved. According to the National Violence Against Women Survey, nearly twenty-five percent (25%) of American women report being raped and/or physically assaulted by a current or former spouse, co-habitating partner, or a date at some time in their lives. Forty percent (40%) of adult Americans say they know a woman who has been physically abused in the past year by a male. In 2006, Ohio Law Enforcement Agencies responded to 71,946 domestic dispute calls (Ohio Attorney General’s Criminal Indemnification 2006 Statistics). Of those calls to the police, 34,021 were categorized as domestic violence incidents. Ohio’s statistics for the year of 2006, show that sixty-five percent (65%) of the alleged offenders were Caucasian; seventy-seven percent (77%) were men; and sixty-seven percent (67%) of the offenders were between the ages of 18 and 40. Sixty … Read More... “Domestic violence and some relevant statistics. What do they tell us?”

Relocation Issues

Twenty to thirty years ago, there was no issue related to “relocation”. There was a custodial parent, usually the Mother, and a non-custodial parent, usually the Father. If Mother wanted to relocate to return to the home of her family, to join her new husband at his next assignment, or to find a better paying employment position, Mother simply relocated or moved to her next city or state of residence.

Today, the issue of “relocation” has become an issue of much importance. Fathers’ rights have come to the forefront as Fathers have become more involved in the rearing of their children. My Father never changed a diaper, never bathed or dressed me or my siblings, and certainly was not involved in other parenting tasks involving “hands on” care. His primary “job” as Husband and Father was to be the breadwinner for the family!

Many Fathers of today do share in the parenting responsibilities of their children; and, some Fathers have actually been designated as the primary care-givers of their children. Recall Dustin Hoffman in Kramer versus Kramer. Thus, if a Mother decides she wants to move or relocate to another city or state, the affected Father may take an adversarial … Read More... “Relocation Issues”

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