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Custody Issues: Victory for Grandparents

01 January 2004

by Anai Rhoads
Veriana Media

Roughly 6.3% of children under 18 - an estimated 4.5 million live with their grandparents.[1] According to AARP, about a third of the children raised by their grandparents do not have the support or contact by their biological parent(s).

With the problems facing the elderly, many find it a burden to raise their grandchildren after having raised their own children most of their lives. With limited income, this becomes a problem for a majority of grandparents who take on the role as head of household.

A new law takes effect on 05 January that will allow grandparents to take custody of their grandchildren, whereby allowing them to receive the necessary funding to assist them. The law will permit legal parents to grant all caregivers the ability to make decisions for a child in the parent's absence such as consent to healthcare, review of school records and other relevant issues relating to the child.

"The law reinforces the need to look at what is in the best interest of the child and recognises the important role grandparents play in raising their grandchildren," said Lois Aronstein, New York state director for AARP. "This law is about working to ensure that children do not get lost in the custody shuffle."

"This law is a giant step towards ensuring that grandchildren who may have already seen some hard times, have the opportunities afforded them to ensure a solid family foundation from which to build their life," added Aronstein. "Going forward AARP will continue efforts to improve the quality of life for grandchildren."

In addition, the grandparents will have the opportunity to foster the child and even adopt in cases where the parents are away for twenty-four months or more. For situations where children are to be removed from the biological household, the grandparents will now have the right to bring the grandchildren into their home instead of dealing foster care facilities.

References:

[1] Census Report - 2000

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