Hello, I am a career counselor for youth. Some of my clients are being raised by their grandparents. Some of my clients have been with their grandparents for over 10 years. Is there a magic number that legally says that the grandparents are the legal guardians? What determines legal guardianship. Do the biological parents sign over custody for the children? Thanks!

I'm certain this varies from state to state, country to country. I'm also sure nothing gets changed automatically. The biological parents must sign over custody or be declared unfit, or dead or something along those lines. It takes court action.

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Originally Posted by jprogers

Hello, I am a career counselor for youth. Some of my clients are being raised by their grandparents. Some of my clients have been with their grandparents for over 10 years. Is there a magic number that legally says that the grandparents are the legal guardians? What determines legal guardianship. Do the biological parents sign over custody for the children? Thanks!

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There is no a magic number.Grandparents may be recognized as legal guardians only by court.

And the courts will not make such a recognition unless a petititon is filed to do so. A grandparent can petititon for Custody or guardianship at any time.

Quote:

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Originally Posted by jprogers

Hello, I am a career counselor for youth. Some of my clients are being raised by their grandparents. Some of my clients have been with their grandparents for over 10 years. Is there a magic number that legally says that the grandparents are the legal guardians? What determines legal guardianship. Do the biological parents sign over custody for the children? Thanks!

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It may help to distinguish between legal guardianship and custodial rights. A probate court has jurisdiction to grant guardianship of the person (for medical consent, etc.) and guardianship of property of a ward (child or adult). Custodial rights are different in that custody would pertain to children, only; and where a parent contests a grandparent's petition for custody, the grandparent is going to fail, in most cases. Some of the grandparents that you are familiar with can probably tell you of difficulties in getting medical treatment; they may not be able to get medical records or even a birth certificate for their grandchild in some states.