Can I obtain legal custody of my grandchild?

Yes. If it's in the best interest of the child, custody can be awarded to the grandparents. However, every situation is unique. Sound legal representation is critical.

What is the Defacto Custodian and Interested Third Party Law?

This law, enacted in August 2002, provides three avenues for third parties, such as grandparents, to obtain custody of a child. Custody may be gained by a custody consent decree; as a defacto custodian; or as an interested third party.

The law allows third parties to approach the court to gain custody in very specific circumstances on a basis equal to parents.

The law is intended to protect a child's right to stability and safety.

What are the benefits of legal custody?

You will have legal authority to make decisions touching every part of your grandchild's life. Such decisions are encountered every day, from signing a school permission form to registering for camp to getting medical treatment.

Another benefit is that the birth parents may be ordered to provide child support and health insurance.

Is financial assistance available for raising grandchildren?

Yes. A Minnesota Family Investment Program's Child-Only Grant (MFIP) is available for a child being raised by a relative.

Depending on each child's circumstances, help can come in the form of financial assistance, funds for groceries, or both.

You don't need legal custody or legal representation to apply for MFIP.

Your income isn't considered when the amount of assistance is determined.

To learn more, visit your county's human services office.

Will my grandchild's birth parents have to reimburse the government for the MFIP assistance my grandchild receives?

The government may turn to the parents for reimbursement.

Can my grandchild receive health insurance?

If you don't have legal custody, most likely your medial insurance carrier won't cover your grandchild. If you have legal custody, your medical insurance provider may provide coverage.

If your grandchild doesn't have insurance, medical and dental coverage may be available through your county.

For help, visit your county's human services office.

Does the information provided here apply just to grandparents?

No. It applies to aunts, uncles, and others raising someone else's child.

What is the best advice you can give me?

Be proactive. At the very least, learn about your rights and options.