Kinship custody occurs when a family member other than the parents of the child assumes legal responsibility for the child. If you are a family member of a child that is considering kinship custody, you need to understand the process, legal requirements, and the support systems available. Fortunately, you are here where you will be guided through the process.
Definition of Kinship Custody
Kinship custody, which is also known as relative or family custody, refers to a situation when a family member other than a child’s parents, such as grandparent, uncle, aunt, brother, sister, or other family member, has legal responsibility for the child. This kind of thing happens when both parents of the child are unable to provide care to the child due to some different kinds of reasons, such as illness, addiction, instability, incarceration, or neglect. The child is provided by the kinship custody with stability in a familiar family environment instead of getting placed in foster care and lives with strangers.
Also Read: Child Custody Mediation Checklist
Types of Kinship Custody
In terms of legal rights and responsibilities, the kinship custody can vary. The most common ones include:
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- Informal kinship care: In this kinship care, caregivers can care for the child without any formal involvement from the court or child welfare system. This kind of thing usually happens within families where a relative is given permission by the parents to care for their child.
- Temporary guardianship: This one is a more formal arrangement. In this kind of kinship care, a caregiver gets legal authority to care for the child for a certain period of time.
- Voluntary kinship placement: In this kinship care, a child is placed with a relative voluntarily by their parents. However, it involves the child welfare agency that will assess the home of the caregiver to ensure that the environment is good for the child.
- Formal kinship foster care: This one is when a child is placed with a relative or caregiver through the child welfare system. In this case, the custody of the child is taken by the child welfare agency and then the caregiver will have to meet foster care requirements.
- Legal guardianship: In this kinship care, the court will grant a relative legal custody of the child.
- Kinship adoption: This one occurs when a child is legally adopted by a relative. It erases the legal rights of the biological parents of the child.
- Standby guardianship: This one refers to a legal arrangement where the caregiver is designated to take care of the child when their parents cannot do it due to illness or impending death.
- Subsidized guardianship: This one is similar to legal guardianship. What makes it different from legal guardianship is that it includes financial support for the caregiver. This kind of guardianship is usually arranged through the child welfare system.
Getting Kinship Custody
For anyone who wants to get kinship custody, here is step by step to follow:
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- The first thing that you have to do is to ensure that you are eligible for kinship custody. This one varies from one state to another or from one country to another. In general, the ones who are eligible include grandparents, aunts or uncles, adult siblings (older brothers or sisters), and in some cases close family friends. Among them, the ones that are prioritized the most by the court are the ones that have a significant bond or pre-existing relationship with the child.
- Then, assess the situation of the child. This one is really important to find out whether or not the kinship custody is in the best interest of the child. Court will inspect the current living situation of the child.
- After learning that you are eligible for kinship custody and the child needs it, it is time for you to file a petition for custody with the family court. In order to file a petition for custody with the family court, first of all, you should prepare the necessary documents, including the birth certificate of the child, your identification, proof of residence, and any court forms that are required by your state or jurisdiction. If you want to file a petition for kinship custody, you are suggested to do it with a lawyer. While you are able to do it alone, having a lawyer by your side is recommended to understand the legal process and know your rights and make the process smoother.
- Once you have filed for kinship custody, a court hearing will be scheduled. During the hearing, the current circumstances of the child will be reviewed by the court, including health, home environment, schooling, and emotional well-being. It may be needed for you to provide testimony or documentation or evidence that you have the ability to provide a stable, caring home. Apart from you, during the same occasion, the other family members, including the biological parents of the child, may also present their case. After the hearing, the judge will then assess the evidence and decide if kinship custody is the best thing for the child.
- In some cases, a home study or background check may be needed to evaluate the suitability of your home environment. If it is really needed, a social worker will be appointed to visit your home. During this time, you and the child will also be interviewed by them. The things that they will ask you include your financial stability and how ready you are emotionally to take care of the child. Once this process is done, a recommendation will be given to the court by the social worker.
- If your request is approved by the judge, you will receive a formal custody order. In case you have no idea about this order, it is the one that will legally transfer custody from the parents of the child to you. remember that your responsibilities may vary, depending on the type of the custody. In general, they may include providing the child with the education, making healthcare decisions, applying for government benefits on behalf of the child, and so on.
- To be able to take care of the child, as a caregiver, you may want to consider resources and support. While they may vary depending on the state and the country, they may include financial assistance like foster care support, free or low-cost legal aid, and counselling, mental health services, and support services from the communities.
Bottom Line
In conclusion, it is not easy to take on kinship custody. However, it can be a good way to provide a stable, living environment for a child in need. By following the guide to get kinship custody above, you are able to ensure the well-being and future of the child. For those who are considering this kind of custody, you are advised to seek guidance from a lawyer.
