Grandparents' Rights
Your Child Or Your Grandchild?
By Trina Nudson

Jul 6, 2007, 11:34

An ever increasing phenomenon that I have come across in my law practice is grandparents wanting to provide for their grandchildren. Grandparents come to me frustrated, confused, and broken because their grandchildren are in state custody and they are being forced to choose between their grandchild and their own child.

Unfortunately, many grandparents that I have encountered in my practice have faced resistance from state agencies when they have tried to take on the responsibility of raising their grandchildren because of a parents inability to do so. The reality is grandparents are often forced to choose between supporting their own child or caring for their grandchild. That choice is far too often minimized by professionals in the child in need of care system.

If grandparents choose to support their own child they are accused of enabling. Grandparents are very often faulted for their own child's poor choices. Faced with these obstacles despite Kansas state law and family service policy and procedure manuals requiring state agencies and their contractors to turn to family first, grandparents wishing to be considered as a resource option are far too often snubbed. Social workers tend to rationalize that a grandparents alleged enabling behavior will continue in their rearing of their grandchild and the "mistakes" the grandparents made in raising their own child will be made again this time around.

If grandparents decide to support their own child in hopes of helping him/her recover from his/her own current plight and get him/her into a position where he/she is able to raise his/her own child, grandparents are often condemned. The best chance that these parents have at recovery is when they turn to their support network for help, their family. Social workers assigned to these parents are often overworked and underpaid and do not have the time, energy, or commitment to offer these parents the support they need to fully recover. But if grandparents offer their child support and that parent subsequently fails and does not successfully recover or does not recover quick enough and the court system finds the parent to be "unfit" the grandparents loose their grandchild to the state.

If a grandparent cuts their own child off they are heartless, and they risk losing him or her. If they support their child they are "unfit" to raise their own grandchild. This phenomenon that grandparents face is far too often minimized and most be more thoughtfully considered by social workers when making placement decisions.