Law
Do Grandparents Have a Right to a Court Hearing on Custody?

The bond between grandparents and their grandchildren is no doubt a special one. They can develop an attachment with the kids easily and always yearn to spend time with their grandchildren. However, if their child’s marriage fails, their relationship with their grandchildren could be at risk.
When such an issue arises, grandparents can turn to child custody lawyers to discuss potential child custody. When it comes to potential child custody, there are a lot of gray areas. That is because a lot goes into the process until custody is awarded.
Grandparents seek custody of children for several reasons. More often than not, it is to prioritize the child’s wellbeing. As such, the emotions of both parents and children tend to skyrocket. For example, the root cause could be a divorce or the death of one or both parents.
The judges consider the parents’ rights and the child’s well-being. They also weigh the grandparents’ rights over their desires.
It is the responsibility of the parents to set up plans that cater to their children’s future in case of unforeseen events. A great option is to come up with a carefully tailored estate plan guided by Fresno’s estate planning attorneys and designate a suitable guardian for the children. That way, they keep their children going and away from public child services.
Grandparents’ Rights to Custody
Grandparents may have the right to custody, depending on the situation. Grandparents’ rights vary from state to state. All states allow grandparents to apply for visitation with their grandchild. Note that some states allow grandparents to apply for full custody.
As a grandparent, you must understand your state’s laws about custody. Note that some are permissive while others are restrictive.
How to Get Custody as a Grandparent?
Grandparents do not have automatic custody rights to their grandchild. There are specific processes they must follow. Below are some things you need to do as a grandparent seeking custody:
1. File a Petition Through Child Support Lawyers
Contact a child custody lawyer to help you file a petition. This is important because grandparents must ask the court for custody rights first.
You need professional help to convince the judges to give you custody. Sometimes a family law lawyer can help you in such cases. The lawyer will ensure that you fulfill all the factors the court considers.
Moving to the next part, which are the key factors that determine a grandparents’ custody of a child?
Getting custody of your grandchild depends on several factors, including where you live. Some states consider the following situations before granting a grandparent custody:
- The death of either one or both of the parents of the child. If one parent is alive, you must prove they are unfit to care for the child.
- The parents must be unfit. This situation could include mental illness, alcohol, or drug addiction. It could also be that the parent has involvement with crime. If the child is sick or facing neglect or abuse, the court can permit custody.
- The parents are no longer together and do not want custody of the child.
- Suppose an investigation by child services says that the child is not safe with the parents. In this case, the grandparents will get custody to keep the child safe until the parents can.
- The grandchild is already living with the grandparent when the situation occurs. For instance, if a single parent goes to prison.
- The grandchild is old enough to tell a judge they want to live with their grandparents.
- A single mother is still young. In such situations, the court can grant joint custody to a young mother and a grandparent. This is until the mother is old enough to care for the child.
Note that in all these situations, the parent(s) have to agree that the grandparents take custody. Without their consent, the court cannot grant custody. Then, the court will consider their estate and decide if both parents are dead.
2. Provide Evidence of a Child-Grandparent Relationship
The grandparents must provide proof from a therapist that they share a bond with the child. If possible, they should provide photographic evidence, like family pictures. Sometimes, you will also need a medical report that proves the relationship.
3. Wait For the Court’s Decision
Note that the court will decide whether or not to grant you custody on its own. This means that it does not always involve the parents of the child. Whatever decision the court takes depends on the several factors stated above.
When Will the Court Deny Grandparents Custody of a Child?
The court could deny you custody for several reasons. Sometimes, the reasons will have nothing to do with the above scenarios. Some of them include:
- Suppose the grandparents are unable to drive. This means they would have trouble taking the child to activities, the doctor, etc.
- Suppose the location of the grandparents’ home is not favorable. This is because a judge will most likely choose a place closer to school.
- Suppose the grandparent is not in good health. For the sake of both the grandparent and the child, the court may deny a sick grandparent custody. This is to help avoid stressing the grandparent and to ensure care for the child.
- Suppose the grandparents cannot prove that the child is safe with them. Taking a child from an unfavorable situation into another will make no sense. This means that the grandparents must be able to provide adequate safety for the child.
- Suppose the child’s family is intact. It is not common for a grandparent to request custody even when there is no problem with the parents. It may seem unnecessary and suspicious; thus, the court will deny custody.
What are Visitation Rights?
These are rights that allow grandparents to spend time with their grandchildren. The court may instruct the parent(s) of the child to let the grandparents visit at particular times.
If the court denies a grandparent custody, they might still get visitation rights. Your child custody lawyer can help file for this. It is easier to apply for visitation rights, but they do not often approve it.
Can Parents Regain Custody?
Yes, parents can regain custody of their children when they are in the right place. This means when the parent has gone through therapy, quit drugs, left prison, etc.
If parents petition the court, they can regain custody even if there is a court order. In most cases, parents have visitation rights while the child’s grandparents have custody. They can visit their child while they receive treatment or get back on their feet.
Conclusion
As grandparents who want custody over their grandchild, filing a petition in court is the best option. The process has no crooks, and the child’s interest remains the top priority. Your grandparents’ rights lawyer can help you get visitation orders if you do not receive custody. Ensure that you meet all the requirements before filing a petition. This will help you succeed.
Law
Legal Cash Advances: Bridging the Financial Gap Between Health Needs and Justice


When an accident lands you in both the emergency room and a courtroom, the medical bills can pile up long before a settlement check ever arrives. That delay isn’t just a numbers game—it has real-world consequences for your well-being. Mounting research links financial strain to higher risks of anxiety, chronic disease flare-ups, and delays in necessary care. In other words, the money you need to stay healthy often arrives after health has already taken a hit. That’s where legal cash advances step in, offering plaintiffs a lifeline that keeps medical and everyday expenses on track while a lawsuit runs its course.
What Exactly Is a Legal Cash Advance?
A legal cash advance—sometimes called pre-settlement funding—is a non-recourse advance offered to plaintiffs with a pending personal injury or similar claim. Because repayment is contingent on winning or settling the case, it differs from a traditional loan: if the case is unsuccessful, the advance typically does not have to be repaid. The American Bar Association notes that consumer-focused litigation funding is usually capped at relatively modest amounts and is designed to cover day-to-day living or treatment costs rather than bankroll an entire trial strategy.
Why Financial Stress Is a Health Issue
It’s easy to treat money and medicine as separate concerns, yet public health data tells another story. The Centers for Disease Control and Prevention reports that 90 percent of the nation’s $4.5 trillion annual health-care spend relates to chronic and mental health conditions—conditions that are aggravated by stress. Stress hormones such as cortisol can disrupt sleep, raise blood pressure, and weaken the immune response, creating a vicious cycle in which unresolved medical bills exacerbate illness, and worsening illness amplifies costs.
The Real-World Cost of Waiting for a Settlement
Even a short gap between injury and compensation can destabilize a household budget. According to the CDC’s National Health Interview Survey, nearly one in ten U.S. adults lives in a family that has struggled to pay medical bills during the previous 12 months, with higher percentages among those already managing disabilities. For plaintiffs, the situation is often more acute: regular income may dip due to lost work hours, while co-pays, physical therapy, and prescription expenses spike.
How a Cash Advance Supports Ongoing Care
Here’s where a legal cash advance becomes more than a financial tool—it can be a health-preserving measure:
- Continuity of treatment– Plaintiffs can afford recommended follow-up visits, diagnostic imaging, or prescription refills instead of postponing care until “after the settlement.”
- Reduced cost-related non-adherence– Studies show that people under financial pressure are more likely to skip doses or self-ration medication. Access to immediate funds helps prevent that risky behavior.
- Mental-health relief– Knowing that rent and utility payments are covered lightens the cognitive load, letting you focus on physical recovery and the legal process, not late fees.
A Deeper Look at Plaintiff Advantages
For readers who want to unpack how plaintiffs specifically benefit, beyond the medical angle, take a look at an in-depth exploration of the key plaintiff advantages offered by legal cash advances. You’ll find a detailed breakdown of fee structures, approval timelines, and risk considerations that complement the health-centered discussion here.
Due Diligence: Choosing a Reputable Funder
Not every funding offer is equal, and the wrong terms can undercut the very relief you’re seeking. Consider these checkpoints:
- Transparent pricing– Look for a clear, flat fee or interest schedule, laid out in plain English.
- Independent legal counsel– Ethical funders encourage your attorney to review the contract.
- No control over litigation strategy– As emphasized by ABA guidance, funding companies should not direct your attorney’s decisions.
Ask questions, read the fine print, and be wary of pressure tactics. A short-term fix that balloons into an oversized payoff can negate health and financial gains.
Potential Trade-Offs and How to Manage Them
Every financial tool carries downsides. Fees can be higher than conventional credit, and stacking multiple advances magnifies repayment obligations. Talk openly with your lawyer about realistic settlement ranges, how much of that amount a funder has first claim to, and what your net recovery might look like before signing anything. If the numbers no longer cover medical follow-up or household recovery, a smaller advance—or none at all—may be the healthier choice.
The Bigger Picture: Health, Justice, and Financial Stability
Legal cash advances aren’t a magic wand, but they do narrow the dangerous gap between injury-related expenses and eventual compensation. By easing cash-flow crunches, they help plaintiffs avoid treatment delays, medication lapses, and the stress spirals that chip away at recovery. That synergy between financial stability and health outcomes is why pre-settlement funding has become a recurring topic in both legal and public health circles.
When weighing your own options, ground the decision in credible data, a candid budget review, and professional legal advice. Do that, and a well-structured advance can serve as one more tool, alongside physical therapy sessions and follow-up lab work, on the road to reclaiming both health and financial peace of mind.
Read More: Jessica Ditzel
Law
A Detailed Overview of the Litigation Process


Litigation is the formal legal process used to resolve disputes between individuals, businesses, or other entities. This process plays a crucial role in ensuring justice in cases such as personal injury claims, contract disputes, and divorce proceedings.
If you are interested in Litigation Crowdfunding, check this read Litigation Crowdfunding: Do’s and Don’ts — 8 Tips to Maximize Success
Civil Litigation and Court Jurisdiction
Civil litigation can occur in either state or federal courts, depending on the nature of the dispute. In the United States, the Federal Rules of Civil Procedure govern cases in federal courts, aiming to provide a just, speedy, and cost-effective resolution for all involved parties.
The Litigation Process
While the specifics of litigation can vary by jurisdiction, the general process follows these key steps:
1. Filing a Complaint
When the plaintiff formally submits a claim to the court, describing the disagreement and the legal foundation for their position, the procedure officially starts. After that, the court notifies the defendant about the lawsuit through papers.
2. Pre-Trial Motions and Discovery
Motions may be submitted by any party asking the judge to render particular decisions. Typical motions consist of: A motion to compel discovery asks the court to mandate that the other party provide crucial information; A motion for summary judgment is a proposal to settle a case without a full trial when one side is legally entitled to win and the facts are undeniable.
The next step is the discovery phase, during which both parties collect evidence, share documents, and conduct depositions in order to strengthen their views.
3. Trial Proceedings
The case goes to trial if it is not dismissed or settled. Both sides offer arguments and supporting documentation during the trial.
Witnesses may be cross-examined and called to testify.
The burden of proving claims, such as proving negligence in a personal injury case, usually rests with the plaintiff.
4. Verdict and Judgment
The verdict of the case is decided by a jury or a judge. The right to a jury trial is guaranteed by the U.S. Constitution if the plaintiff seeks monetary damages over $20, unless all parties agree to forgo this right. A judge typically renders a decision in cases involving non-monetary remedy, like an injunction.
5. Appeals and Enforcement
A party may file an appeal with a higher court to request a reconsideration of the decision if they are unhappy with it. The verdict is implemented through the judicial system if the appeal is denied.
Arbitration: An Alternative to Litigation
Arbitration is a form of alternative conflict resolution that is useful for people who want to avoid drawn-out and expensive court cases. An unbiased arbiter considers the matter and renders a binding ruling in lieu of a trial, which frequently results in a quicker and more economical resolution.
The Problem of Frivolous Litigation
Although frivolous lawsuits—cases brought with little legal basis, frequently as part of class actions or mass tort claims aiming at financial gain—have become a burden on the litigation system, which is meant to settle legitimate issues. These cases can cost defendants a lot of money, take years to conclude, and deplete the court’s resources. Resolving this issue is essential to preserving a just and effective judicial system.
One essential method for settling conflicts and defending legal rights is still litigation. Businesses and people can successfully manage legal disputes by being aware of the procedure, available options such as arbitration, and the difficulties presented by pointless litigation. Being well-informed is essential to getting the best result whether filing a lawsuit or defending against one.
Resource:https://instituteforlegalreform.com/blog/what-is-litigation/
Read More: jacqulyn elizabeth hanley
Law
Exploring the New Age of Digital Law for Barristers


Legal technology advancements are significantly transforming the way barristers work, creating brand-new opportunities for legal professionals while reshaping traditional practices.
Barrister Emily Windsor shares her insights into how these innovations are influencing the legal landscape, from streamlining case management to enhancing research capabilities.
She also explains why adapting to these technological changes is crucial for modern practitioners who want to remain efficient, competitive, and prepared for the future of legal practice.
Efficiency, Accessibility, and Transformation
Emily Windsor understands the importance of digitisation in democratising legal knowledge and creating a more flexible legal profession.
Reflecting on her role in producing and updating leading agricultural law texts, she acknowledges the impact of moving legal resources online: “Since books have been incorporated into digital platforms, practitioners who would not have dreamt of purchasing a specialist text can now access them at the click of a button,” she notes.
Platforms like the Westlaw online legal database have effectively removed barriers to information, ensuring that specialised legal expertise is widely available to those who need it.
The influence of technology in the legal sphere extends past knowledge dissemination, fundamentally altering advocacy through the accelerated digitalisation of court processes, especially during COVID-19.
Though Emily Windsor is aware of the constraints of remote hearings, particularly in assessing witness demeanor, she also sees the benefits of technological flexibility for lawyers and clients alike.
Furthermore, technology has introduced new possibilities for practitioners to balance professional demands with personal responsibilities. Emily Windsor points out how online access to legal resources and virtual proceedings has made the Bar more accessible, particularly for women and individuals managing family commitments.
The modern barrister must embrace technological tools not only as a matter of convenience but as a means to remain efficient and accessible.
Remote Hearings
The pandemic accelerated the adoption of remote hearings, transforming them from an occasional convenience to a standard practice. Emily Windsor’s observations reinforce how this shift has had lasting effects on the profession. Virtual hearings for procedural matters save time and resources that would otherwise be spent on travel and waiting at court.
This transition to remote proceedings has particular benefits for certain types of legal work. Administrative hearings, case management, and applications without witness testimony can often be handled more efficiently through virtual means. The technology allows barristers to serve more clients in less time, potentially reducing costs for clients while increasing access to legal services.
Work-Life Balance and Diversity
Perhaps one of the most significant impacts of legal technology has been its effect on work-life balance within the profession. Emily Windsor notes that technology has made the Bar more accessible to those with family commitments, particularly women. The ability to access resources remotely and participate in hearings from home or office locations provides flexibility that was previously unavailable.
This technological shift may help address long-standing diversity issues within the legal profession, since by removing some of the rigid structural barriers that have historically made it difficult for certain groups to succeed at the Bar, technology creates pathways for a more diverse and representative legal profession.
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