Grandparents Raising Grandkids

Grandparents As Parents: A Workshop Model

Introduction | Teaching Points 1–3 | Teaching Points 4–6 | Teaching Points 7–9

Teaching Points:

  1. Legal rights regarding grandchildren.
  2. Grandparents raising grandchildren may be entitled to certain community supports.
  3. Community groups can provide support to grandparents parenting again in many ways.

7. Legal rights regarding grandchildren.

Establishing legal rights for grandparents rearing their grandchildren becomes an important issue when discussing medical care, school enrollment and records, Social Security payments, child support, protection and other issues.

The law provides for several ways in which grandparents may have legal rights regarding their grandchildren:

  • Conservatorship
    • Petition in Family Court for “Managing Conservator” (custody)
    • “Best Interest of the Child” test
    • Either or both parents may contest
    • Does not remove parental rights completely
    • May end up with “Possessory Conservatorship” (visitation)
    • Can be reopened as long as the child is under age 18
  • Guardianship
    • Petition in Probate Court for Guardianship
    • May become Guardian of the Person or Property or both
    • Consent forms signed by parents makes it easier but, they don’t create a Guardianship
    • Reporting requirements by Guardian to Court
  • Adoption
    • Petition in Family Court
    • Termination of parental rights come first
      • By Affidavit of Consent signed by parents
      • By Court Order
    • Adoption Petition signed by both spouses
    • Criminal history and home study
    • Name of child may be changed
    • New birth certificate may be issued

8. Grandparents raising grandchildren may be entitled to certain community supports.

Grandparents caring for grandchildren are faced with many responsibilities, such as providing health care, that may strain family finances. Custodial and caretaker grandparents may be eligible for help from a number of community programs. While it may be difficult to think about asking for assistance, it is important to think of such programs as being there to contribute to the care of children who have limited resources.

  • Supplemental Security Income (SSI) may be available when a grandparent receives Social Security and has income and resources that meet specific guidelines. Additional benefits may be requested if the child is disabled and that condition required a level of attention that would keep the caregiver from working.
  • Temporary Assistance for Needy Families (TANF) provides cash assistance to very low-income dependent children under age 18. A grandparent must prove that the child is not under the care of a parent, that the grandchild does not have income or assets which exceed state requirements and that the grandparent is the caretaker relative. There is a five year limit on receiving TANF funds. A child would be eligible whether the grandparent had custody or was the primary caretaker. A child cannot receive both SSI and TANF payments.
  • Medicaid provides basic medical care to children who qualify for SSI or TANF. Check with your local Medicaid office in the Department of Human Services to see which services are covered and which healthcare providers accept Medicaid patients.
  • Food Stamps are provided to families whose income does not exceed a mandated maximum.
  • Earned Income Tax Credit (EIC) is a benefit for families who have modest earnings from employment and have children in the family. To be eligible you must not exceed a specified earnings limit based on the number of children you are caring for. You must then file a federal income tax return and fill out a special form for claiming the EIC. The benefit is based on a percentage of your earnings and may be used to pay taxes owed or if no taxes are owed may come to you as a check.

There may be other local resources such as clothing or toy banks that can help supply other resources needed to raise young children. The public library is a good place to borrow books, video tapes and audio cassettes free of charge. The county Extension office has many free fact sheets on child development, guidance and discipline and nutrition that may be useful to refresh your knowledge.

Click here for more information on public assistance programs.

9. Community groups can provide support to grandparents parenting again in many ways.

Communities and the groups and individuals in those communities can do a great deal to support grandparents who are caring for grandchildren. Many times such grandparents feel like they are the only ones coming with this situation. Four ways to help include:

  • Raise the public awareness of this issue in your community through short public programs using this lesson material. Write a radio release or article for the newspaper based on the information on this site.
  • Determine how many grandparents are facing this situation by conducting a survey through the schools. Work with a member of the central school administration or the school board to obtain permission and to set up the distribution and collection of the survey provided.
  • Involve teachers at all grade levels by presenting this lesson and asking for their help with the survey and ideas about needs that grandparents as parents might have.
  • Help start a Grandparents Raising Grandkids (GRG) support group where grandparents can learn about legal rights, child guidance and discipline techniques, and ways to support their grandchildren in school. Use community resources to present information about services that may be available to help.
  • Provide resources for grandparents facing parenting responsibilities in your local library, Senior Citizen’s Center, or other location where information is shared.
  • Other community supports that may be very important in helping grandparents are after-school care programs where help with homework is available and classroom volunteers that can work one-on-one with a child who needs extra help. Contact your school district to see if such programs are in place or could be initiated. Think about becoming a classroom volunteer—even one morning a week.

Introduction | Teaching Points 1–3 | Teaching Points 4–6 | Teaching Points 7–9

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Written by (August 1997): Dr. Carris Booker, Assistant Professor and Extension 4-H & Youth Development Specialist; Dr. Dorothy E. James, Assistant Professor and Extension Family Life Specialist; Dr. Judith L. Warren, Professor and Extension Gerontology Specialist. Updated by Andrew B. Crocker, Gerontology Health Specialist, November 2003.

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Last updated: 26 July, 2010

Educational programs of the Texas AgriLife Extension Service are open to all people without regard to race, color, sex, disability, religion, age, or national origin.