Divorce When You Are Caring for Grandchildren

 Posted on October 24, 2024 in Divorce

Nearly one out of every 25 children in the U.S. are raised by their grandparents. Many of these children have parents who may be struggling with substance abuse or mental illness or are incarcerated. Others were born to very young parents who were not ready for a baby. A few of these children were removed from their parents’ custody due to neglect or abuse. Grandparents often take in their grandchildren to provide them with a stable, loving home. When grandparents who are caring for their grandchildren on a temporary or permanent basis get divorced, their child custody issues can be complicated both legally and emotionally. You will need an experienced Novi, MI divorce lawyer to help you create a plan.

When Grandparents Have Legal Custody 

If you and your spouse have been through the formal legal process to get custody of your grandchildren, you will likely need to create a child custody plan. If you have permanent custody and your grandchild’s parents have lost their parental rights or if you have adopted your grandchildren, this process will be the same as it would if these were your biological children. If you have a temporary form of custody, such as if your adult child signed a Delegation of Parental Authority that is set to expire when she returns from inpatient substance abuse treatment, your situation may be more complicated.

CPS Placements With Grandparents

If your grandchildren have been placed with you by CPS when you get divorced, you will need to notify CPS promptly when you separate. You should have an attorney with you to discuss continuing placement options. If CPS has removed your grandchildren from their home, CPS likely still has the authority to decide where the child should be placed during and after your divorce.

When You Have No Formal Custody Arrangement 

Grandparents may be raising their grandchildren based on an informal agreement with their adult children. If you do not have any formal legal agreements or court orders giving you custody of your grandchildren when you start the divorce process, you have a complicated legal situation. You will not be able to make a formal or enforceable child custody plan since you do not have custody of the children in question.

You have several options going forward. One is to make an informal agreement with your spouse about who will care for the children and when. This is not always a good option because this type of agreement is not legally binding. Another option is to reach out to your child and have him or her create legal custody arrangements. You may also be able to petition the court in a separate case to give you custody of your grandchildren without your child’s approval. To do this, you would need to prove that there is a good reason for the court to take this action.

Contact a Novi, MI Gray Divorce Lawyer 

Elkouri Heath, PLC is committed to helping grandparents who are raising their grandchildren through divorce. Our compassionate Oakland County, MI divorce attorneys for older adults will do all we can to provide your grandchildren with continued stability. Contact us at 248-344-9700 for a complimentary consultation.