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Family Law

‘Grand families’ face unique legal issues

Society’s view of the “traditional” family — that is, father, mother, children — is of course a hot topic these days in family law, especially in wake of more and more states legalizing same-sex marriages. But another type of nontraditional family is often overlooked: the so-called grand family.

More and more children these days are being raised by their grandparents; in fact, this is the fastest-growing type of family in the United States. In Wisconsin, more than 70,000 children live in homes where the primary person in charge of the child’s well-being is one or both of the grandparents.

The reasons behind the increase of grand families are many and include everything from parental incarceration, drug abuse and divorce. Often, an endangered child’s biological grandparents will step in and adopt the child in lieu of getting protective services involved or dealing with a foster family. Besides the usual day-to-day challenges of parenting, grandparents may also face unexpected legal issues when it comes to their status as caregivers, which can also affect their grandchildren.

The law depends on family classification more than most people would assume. Grandparents who find themselves raising their grandchildren face a potential storm of legal issues. Family attorneys can work to prevent these legal problems from happening in the first place. For families, planning is one of the best ways to protect against future unforeseen circumstances.

For example, grandparents can use family attorneys to ensure that their grandchildren are legally tied to them and that this has occurred through the correct legal channels. Dealing with the challenges of parenthood is stressful enough, but having to worry about what might happen to your child just because the law doesn’t technically recognize your unique family can be staggering. A simple consultation with a family attorney could save hours and hours of emotional and financial headaches later on.

Source: Green Bay Press Gazette, “‘Grand families’ support group starting,” Sept. 27, 2012

Tags: family law, grandparent custody, parenting styles
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