Well hello, Me-maw, Granda, Papa, Pops, grandma, grandpa, or whatever other adorable name they call you as a caregiving grandparent. An estimated two million or so caregiving grandparents in the United States live with and provide the primary care for their grandchildren. Sometimes the situation is temporary and casual, but sometimes it may need to be permanent. Sometimes, you may have worries and uncertainty about the situation — including not only the practical realities of caring for your grandkids, but also the legal implications and limitations of your situation.
Here are three things you should know about your legal relationship with your grandchild.
1. Do grandparents have a right to the child?
Grandparents only have rights if the parents allow them to.
Grandparents in Arkansas do not have any legal rights where their grandchildren are concerned, even if they’re the primary caregivers in the children’s lives. You cannot, for example, refuse to consent to your grandchild’s adoption, adopt your grandchild without their parents’ consent, or have automatic custody of your grandchild. However, caregiving grandparents can establish their rights by becoming the guardian of the child or by adopting the child.
2. Is my grandchild already a benefactor in my estate?
If you were to die with no will and no trust, your spouse and your children would be the first considered in probate court. Your grandchildren would not automatically be provided for. Your will, on the other hand, allows you to be the decider. If you want a say in the process, then consider some estate planning options such as a will or trust.
Caregiving grandparents may assume that their grandchildren will be taken care of in the event of their death, but this is not a safe assumption.
3. What options do I have to establish a legal role in my grandchild’s life?
Caregivers often need legal authority to properly take care of a child. For example, you may be called on to make medical or educational decisions. Legally, you can’t make those calls without a legal position in your grandchild’s life.
Guardianship is an option, especially if you hope to reunite your grandchildren with their parents in the future. If you need a permanent arrangement, legal adoption is the right call. Maintaining a primary caregiver role without making it legal can lead to future problems…or just make everyday life difficult.
Being a grandparent is a special role to play in the life of a child. We know that often grandparents are asked to play many other roles as a child grows. If you have questions about your legal relationship with your grandchild, don’t hesitate to contact us.
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