Child custody law is based upon the principle that the best interests of the child are the key to determining where a child should live. WHO CAN TRANSFER CUSTODY? Now, if she is in the custody and care of CPS, they likely would want to child to be placed with a family member, if the parents are not able to take care of the child. All necessary parties are involved; 2. Custody of the child has been allocated to someone other than the child’s parent (a third party). Third-Party Custody and Grandparent Visitation Third-Party Custody and Grandparent Visitation. Easy answer: temporary custody enables a grandparent to obtain medical care for the child. Wills can incorporate a great deal of detail about how you would like your child to be raised, and this can be a useful guide for the guardian. There are certain other circumstances under which a grandparent may be able to intervene to gain custody of a grandchild–such as if a parent dies or during a custody dispute between the grandchild’s biological parents. Permanent Legal and Physical Custody is third. While custody establishes the right and authority of a non-parent to care for a child and to act for the child as a parent would, it is not absolutely permanent. The grandparents make a case that both parents are unfit and win a custody case. STANDBY GUARDIAN: Custody of a child can also be obtained without going to court by becoming a Standby Guardian. Her Mother is due to surrender for a 36 month sentence in about a month. Generally, the father will have the right to his child if he was named on the child’s birth certificate or was married to the mother. The child’s guardian and grandparent thereafter has the authority to make decisions about the child’s life and future, including medical decisions. The custody must be transferred to a non-parent; for instance an aunt, uncle or grandparent or non-relative. 180, HB 279, § 1, eff. We need to transfer custody and see about any means of financial assistance to help with the child's needs until it is reasonable for the Mother to take custody again. With the assistance of an attorney specializing in wills and estates, it should be little trouble to identify the appropriate guardian and make any other necessary arrangements for the care of the child. While every grandparent custody case is different, there are some smart steps they can take to help suppport their case for custody. And, like guardianship it is not permanent; the court can modify its order at anytime, transferring custody back to a parent or to another adult. For more information about child custody after death, refer to the child custody guidelines of your state or speak with a qualified attorney in your state. Please help with advice about the best way to transfer custody legally to her grandmother. To transfer guardianship – whether you are a parent or another adult currently serving as guardian – requires filing a petition in court and getting approval from the appropriate judge, typically after a hearing and other evaluation to determine if transferring guardianship is in the child's best interest. 2. If the transfer is for longer than a year, the transfer of custody of a child to a grandparent may become a permanent order requiring a change in circumstances to get custody of the child back from the grandparent. Grandparents seeking visitation will need to apply for custody and visitation if it is in the best interests of the child.In most cases, this is only granted when there is convincing evidence that both parents of the child are deemed unfit to care for their children, or if both parents pass away. 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