Although it’s rare, there are certain situations in which a child’s biological parents are unfit to care for their children.  There are other times when a biological parent is excluding grandparents and other relatives with which the child has a bond.  In these situations, Grandparents and others may acquire either custody or visitation rights under certain circumstances.  Some situations sit in a gray area where the child is not being neglected or abused, but the parents are refusing to let the child carry on important relationships that are in the child’s best interest.  If a person close to a child sees the need to step in and protect that child’s interests, its very important to speak with a grandparent’s rights attorney.  

What Grandparents and others Should Ask When Consulting a Lawyer 

1.  How do Grandparents or Others Assert their Rights?

There are various different options for asserting rights such as Minor Guardianship and other special statutes that can confer placement rights upon grand parents and others who can show a that parent-child like relationship once existed with the child.  In almost every case a court action to assert these rights must be filed and pursued in the County where the child resides.  An attorney experienced in these matters knows the best vehicle for effectively claiming these rights.  

1. Does a Parent need to be Dead, Unfit or Incarcerated for a Grandparent or Third party to assert rights? 

Not always.  The laws have changed in significant ways over the years and the death, unfitness or incarceration of a parent that the third party is related to, is not always required.   It is important to speak to a lawyer who understands these options and can pick the correct procedure.  

1. Are Grandparents or Third Parties Able to Obtain a Child Support Order? 

If grandparents or others have taken over the duty of raising the children, they may be eligible to obtain a court order for the birth parents to pay them child support. To qualify, grandparents generally must have court-ordered custody and proof the children live with them and depend on them financially. However, if grandparents or other party adopts the children, all rights and obligations of the biological parents end and support can’t be granted. 

If you are a grandparent seeking child custody, visitation, or support for your grandchildren, the legal team at O'Neill Law Firm, LLC can help. They offer years of experience and in-depth knowledge of family law. One of their child support lawyers can answer all your questions about grandparents’ rights and guide you through the process of filing for support. Many La Crosse, WI, residents have relied on this firm’s expertise to assist them in maintaining a relationship with their grandchildren. Call (608) 519-3551 to schedule a consultation or visit them online for more information regarding the services they provide.