Search Term. Legal Articles Child Custody. Zip Code. When can grandparents get custody of a grandchild? Grandparent Custody When Both Parents Are Alive Child custody laws vary by state, but in general, when both parents are alive, the court prefers to place the child with one or both of the parents.
Some circumstances that warrant placing a child with grandparents might include: Both parents are deemed unfit. Both parents consent to giving the grandparents custody. Documented abuse or neglect in the parents' home Drug or alcohol abuse in the child's home. A parent's mental illness. One parent is unfit, and the other can't or won't take the child. Grandparent Custody After the Death of the Custodial Parent If the custodial parent dies, the court's first choice is often to place the child with the other parent, even if that parent has not been actively involved in the child's life.
Some factors that may work in the grandparents' favor are: The grandchild and custodial parent were already living with the grandparents. In this case, staying with the grandparents could provide stability.
Courts try to give parents great deference. As you can see, the larger the role that the grandparents played before the separation, the more likely it is that the court would grant them some sort of visitation rights. Working with a divorce lawyer , they would need to show why spending time with their grandchildren would benefit the children as opposed to harming them.
Grandparents could also request custody of the children, although that will be a much more difficult process. However, sometimes, it would be entirely necessary for grandparents to step in to obtain custody if it is in the best interests of the children.
This is not a decision that grandparents should take lightly. In a custody case, grandparents would need to show that both parents are not fit to raise the child. This would present difficulties because a parent is claiming that his or her own child is an unfit parent. However, grandparents may be left with no choice if there is a history of physical abuse or dependency on substances.
Often, it is grandparents who end up having to assume responsibility for the children, both to protect them and enable them to thrive. The court would consider a petition for custody from the grandparents, but it may be an emotional and raw hearing.
Possible danger to the child may be the most effective argument that a court would consider. However, grandparents must be careful about coming into court and speculating. They should bring concrete evidence and, possibly, even expert testimony. Most divorce attorneys would encourage grandparents to try to work with both parents before they file anything in court.
Hearings can be tough and acrimonious and leave a lasting strain on a relationship. Often, many of these visitation issues can be worked out with some discussion between all the parties. In fact, many parents are happy to have the help that grandparents can offer, and they are not extremely resistant to grandparents spending time with the children. While you can, and should, consult with a divorce attorney, the best thing for everyone involved is to come up with an arrangement without the involvement of the courts.
Sometimes, there is a power struggle between the parent and the grandparent-in-law that cannot be resolved with any amount of talking. This is when you, as grandparents, could avail yourself of your legal rights. If you are having issues with getting access to your grandchildren and want to work to establish your legal rights, contact us at Lawrence Law at Generally, an unfit parent is more likely to have children with someone who is similarly unfit.
Investigate whether you would be able to prevail in a grandparent custody case against both parents. If the other parent is the father, check to see whether he has been legally determined to be the father. If known, both parents will need to be served with notice of any custody action that affects their parental rights. If both parents appear in the case, you may face the challenging prospect of proving your case against both biological parents. If you are only able to prove your case against your own child, you may create the unintentional consequence of custody being awarded to the other parent.
Be prepared to take advantage of any situation where the biological parent s would be unable to safely care for the children. Examples include seeking custody after the biological parent s are arrested or convicted of a crime, or if suffering mental illness, engaged in an addiction, or involved with physically abusive partners.
If your grandchildren are in danger of abuse or neglect it is appropriate to ask state child abuse officials to initiate a protective action and investigation. You can request that the children be placed in your care if they are removed from the biological parents. DO NOT make false or exaggerated reports or claims to try to gain a tactical advantage.
The state reporting agencies are aware that people involved in custody disputes do exaggerate and falsify claims of child abuse, and they will develop written records and may write recommendations that subsequently harm those people in court.
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