Once a child’s biological parents die, it is when they are considered to be an orphan. This phase is truly unfortunate and heartbreaking, so proper care and support for the child is essential, especially if he is still a minor. Proper guidance should always be given by an adult, and if you are a close relative, the expectations are normally quoted to you. Each state has its own processes and guidelines but most will require the one filing for custody to be on their right age and also meet the criteria in supporting what is the best for the child.
Who Normally Gets the Custody of the Child?
It is usually the relatives that are being considered when it comes to a child’s custody once they become an orphan. This is because relatives still have the personal connection of a family which is believed to be best for the child. However, necessary requirements and guidelines need to be checked and considered before a relative could get custody based on the law in every state all around the country. One could not just do it just because they want to; there are things you have to follow in order to win getting the custody of a child.
The first thing to identify is if there is a will signed by the parents in case they are entrusting their children once they die. This normally happens when the parents were sick and they have planned beforehand as to whom they chose to take care of their children once something happens to them.
If there is no custody arrangement that was signed yet, you may get an attorney within your jurisdiction to help you with the case. Most of the time, it is the grandparents who are always entrusted with the child’s custody but other relatives may also be up for it, depending on the family law court as they always decide which is best for the children’s best interest.
Though there may be some questions in your mind as to how the rights are being determined, it is important for you to have ideas as to who are normally getting it. Here are some of the top priorities for the child’s custody:
a. Grandparents of the child mostly get the rights for the custody. It is either on the mother or the father’s side.
b. Aunts or uncles are considered close relatives which could also be eligible, either maternal or paternal.
c. Siblings who are on the right age. This means that even other siblings could get custody as long as they are not anymore on their minor age.
d. Stepmother/stepfather. This goes especially if they are already married to the biological parent and already living with the child for a long time.
e. Non-relative adults whom the child is already living with for a long time.
Does Hiring an Attorney Considered as a Requirement?
As the process for getting the child’s custody is known to be complicated, hiring an attorney who specializes in family relations is going to be an edge for you. As this process requires meeting all guidelines for the Child’s Best Interests Standard, getting a professional and skilled lawyer should be a must if you want to get the legal guardianship. Once this is established, all processes are going to be smooth and easy to take, and if ever court proceedings are also necessary, you would be confident enough to win the custody.
The court is the one who would normally decide when it comes to the custody of the child. The best thing to secure is that you are capable of providing the basic needs of the child which is not limited to food, educations, shelter, and proper medical care.
Though the guidelines and processes are not easy to be established without the guidance of a professional lawyer, one basic thing to consider before you decide to fight for your relative’s custody is that you have the will and determination to be a good guardian. Make sure you are ready for all the responsibilities of being the next parent to the child and that is the most important. Without the love and genuine care, this will not be successful for both sides.