How can a grandparent get an order for allocation of parental responsibility (custody)?
Allocation of parental responsibility (“APR”, commonly called “custody”) must be granted by a court order (usually in domestic relations court) and an attorney is often involved. An APR order gives the grandparent the right and obligation to care for the child and to make whatever decisions the judge grants when the order is signed. An APR order does not permanently end the rights of the parents, but they can only have parenting time (visit) with the child as provided in the order. The judge’s decision in an APR hearing will be made based on the best interests of the child. Grandparents are able to file a court action asking for custody of a child if the child has been living with the grandparent for six months. The grandparent can also file the action within six months after the child leaves his or her home as long as the child had lived in their home for six months. Both of the child’s parents must be notified of the hearing. The judge will decide what rights the parents have and wha