Under this new statute, grandparents may be entitled to a lawyer in certain revocation hearings. A revocation hearing occurs when one of the parties, such as the birth parents or another party, goes to court and asserts that the guardianship should be ended. In these proceedings, the low-income parents as well as the grandchild have a right to counsel. This new legislation gives low income grandparents the right to counsel in these circumstances. You must demonstrate to the court that you have been the primary caretaker for the child for at least 2 years or “for an otherwise significant period of time”.
The judge should inform you of this right, but if he or she does not, you should speak to a clerk and check if you are eligible.