If a parent gives up custody to grandparents, who has legal custody?

 

Profile photo for Jan Meriss Alfonso
Jan Meriss Alfonso
Assistant at Ascent Law LLC

If a parent gives up custody to a grandparent, who has legal custody? This is an interesting question, because it's not entirely clear what "legal custody" means.

Legal Custody

Legal custody is reserved for when a child's parents divorce and the court determines that one parent must be primarily responsible for making decisions related to the child's health, safety, and well-being. In cases where parents are separated but not divorced, parents have joint legal custody.

The issue here is that you're asking if grandparents can have legal custody of their grandchildren if the parents are still living. When a parent has given up custody to the grandparents, technically the parent still has custodial rights over their children.

Judicial Decision Making

It would be possible for a judge to grant legal custody to the grandparents (for instance, if there was a case of abuse or neglect by the parents). But in most cases judges will rule that children should live with their parents unless there's evidence that they cannot provide for them or keep them safe and healthy. Perhaps judges are hesitant to rule in favor of giving grandparents full legal custody because of how it could affect the relationship between the grandparent and parent (in which case the grandparent would still have some visitation rights) as well as how it might affect the child.

Who Has Legal Custody?

The answer depends on whether the grandparent is a biological grandparent or an adoptive grandparent.

If a biological grandparent assumes physical custody of their grandchildren and they list the children's names in their will as heirs, then when the grandparent dies, the children are assured of being able to inherit from that grandparent. However, if the grandparent does not list the children in his or her will, then the court will have to determine who will have legal guardianship for the children.

If you have any questions, you can get a free consultation with Ascent Law LLC:

Ascent Law LLC:

8833 South Redwood RoadSuite C

West Jordan, UT 84088

(801) 676-5506

ascentlaw - Google Search
Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-6. Page � Lawyer & Law Firm. 8833 South Redwood Road,�...
https://g.page/ascentlaw?share
Child Custody Lawyer in Utah - 801-676-5506 - Ascent Law
If you or a member of your family needs the services of an experienced Child Custody attorney, please contact us now - 801-676-5506 for your Free Initial Consultation.
https://www.ascentlawfirm.com/child-custody/

Location: St. George, UT, USA

Popular posts from this blog

Can long-distance relatives have a claim to an inheritance?

Image
  Jan Meriss Alfonso Assistant at  Parklin Law You may be too young to remember this, but there was a time when long-distance relationships were a lot more difficult to maintain. Before the days of cell phones and email, your options were limited. And let's be honest: If a person is truly in love with you, are they really going to care about the few extra hours it takes to send a letter over the weekend? Inheritance The answer seems pretty obvious: Of course, long-distance relatives have a claim on an inheritance. As long as they're related to you, they deserve their slice of whatever you leave behind! The law When you've got distant relatives, it's natural to want to keep in touch with them and maybe even invite them to family events like weddings or funerals. But if you're the inheritor of a large estate, you might have a problem if certain long-distance relatives try to lay claim to your inheritance. The law is clear on this issue: only heirs who have a physical ...
Read more

Can I go abroad if my divorce case is still open?

Image
  Jan Meriss Alfonso Assistant at Ascent Law LLC When it comes to traveling while your divorce is still pending, you have a few different options. There are Travel-Limited divorces and Domestic Relations Injunctions. In addition, if you have children, you may be able to travel with them. Travel-limited divorces When traveling abroad, it's important to comply with all the requirements of the divorce decree. The decree should specify whether you're allowed to travel internationally and what you'll need to do before you leave. If the divorce decree does not specify the travel rules, you'll need to request court permission in advance. To find out whether your divorce judgment will be recognized in a foreign country, you need to contact the appropriate U.S. diplomatic mission or consulate. Consular offices and embassies usually have lists of lawyers who practice in a particular country. You can also try contacting your state's attorney general for more information. If yo...
Read more

Can Filing For Bankruptcy Help You Get a Fresh Start Financially?

  Can  Filing For Bankruptcy  Help You Get a Fresh Start Financially? Whether you’ve recently lost your job, had a major medical emergency, or run up too many bills, filing for bankruptcy may be the solution you need. Although it may seem like a daunting task, there are many advantages to filing for bankruptcy. In addition to the financial benefits, bankruptcy can also give you a fresh start. Debts Filing for bankruptcy will not eliminate all of your debts. Some debts, such as credit cards, will remain on your credit report. However, there are certain types of debt that are completely eliminated in bankruptcy. These debts include student loans, child support, tax obligations, and alimony. The bankruptcy law is designed to give you the best possible start, but it’s important to keep in mind that you are still responsible for your debts. You’ll have to pay the bills and you’ll have to make sure your accounts are up-to-date. While bankruptcy can give you a fresh start, it do...
Read more