Grandparents and Child Support
When Does a Grandparent Have To Support Children?
A grandparent may be liable to pay child support or care for a child if:
- the parents are minors under 18 years of age
- the parents can prove they are unable to support the children
- the grandparents have taken the child in and are in fact parenting the child
- one parent cannot be found but their parents (the grandparents) can be
- the court grants custody of the child to the grandparents
How Difficult Is It To Prove That The Parents Are Unable To Support Children?
The standard varies by state but in general it is very difficult for parents to prove that they are unable to support children. A parent must prove that they are so poor or lack such resources that they cannot even provide for a child's basic needs such as food and clothes.
Why Would a Court Grant Custody Of a Child To The Grandparents?
Most commonly, under the Welfare Reform Act, a parent will receive public assistance but refuse to pay or seek child support. In this case, grandparents may sue the parent for custody of the child and will usually win if they are able to support the child. A few states even allow grandparents to receive some government assistance in supporting their grandchildren.
Is a Lawyer Needed For Child Support And Grandparents?
Child support is a very complex issue and can become bitter very quickly. Find a good family law attorney to protect your rights and answer any questions you might have.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-18-2012 03:46 PM PDT
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