Below are the main legal options available to grandparents raising grandchildren. Different states may have different legal procedures and forms to complete. Please contact your local court system for more information.

The two types of kinship care arrangement are informal and formal care. In informal care, grandparents and other extended family members become caregivers for relative children without the involvement of the court or a social service agency.

With informal care, kinship care arrangements are made with the assistance of a social service agency, courts, and/or a child protective agency.

There are four types types of formal care arrangements:

(1) Power of attorney
A Power of Attorney (POA) is a written document that allows a parent the ability to give another person parental powers to care for their child(ren) for a specific time frame. These parental powers include the general care, custody, or property of a child. However, POA does not allow the caregivers to consent to marriage or adoption of the child in their care. This is the least restrictive type of legal arrangement and does not need the involvement of the court. However, a POA may be terminated at any time and will usually expire after specified period of time. To establish a POA, a parent will need to create a written document outlining the specific rights and responsibilities being given to the grandparents or kinship caregiver. No specific legal format is required.

(2) Guardianship
The two main types of guardianship are limited and full guardianship and can be obtained in a family court hearing.

Limited Guardianship
A limited guardianship is created when parents willingly suspend their parental rights for a specific period of time. The term “limited” is used to explain what the guardian can and cannot do while caring for the child. In a limited guardianship the custodial parent(s) are required to file for the guardianship. With a limited guardianship, the guardian cannot give permission for an adoption or marriage.

Full Guardianship
A full Guardianship is created when a third party (non-parent) files to become a guardian of a child. Unlike the limited guardianship, it does not require the consent of the parents. Grandparents and other caregivers for children may apply for full guardianship when the biological parents of the children in their care cannot be found and or the parents are unable or unwilling to care for the child. With full guardianship the guardian can release the child to an adoption or marriage.

(3) Kinship Foster Care
Within this arrangement, relative caregivers choose to become licensed foster care parents for the children in their care. Foster care is an option when children have been removed from their homes by the court or a child protective agency due to an abuse or neglect case. Although, the state will have legal custody of the child, becoming a licensed foster care will usually allow for grandparents and other relative caregivers to receive monthly stipends to cover the financial needs of the children in their care.

(4) Adoption
Adoption is a process through which biological parents’ rights are terminated and parental rights are created between the child and adoptive parents. If grandparents choose to adopt the children in their care they assume the same rights as if they were biological parents.

For more information on options available to grandparents raising grandchildren, visit http://www.grandsplace.org/gp5/ and/or contact your local court system in your state.

Ama Agyemang can be contacted at 1-800-535-1218 or by email at kinship@msu.edu.