Child Custody Law

Can Grandparents Seek Custody of Their Grandchildren?

Key Takeaways:

  • Grandparents can get temporary custody of grandchildren when parents are not able to care for the child.
  • If the parents die or consent, grandparents may be able to get permanent custody. 
  • In some states, grandparents can get visitation rights to see their grandchildren.

Many grandparents take an active role in their grandchildren’s lives. In some families, the parents may be going through problems and the grandparents step in to help provide a stable environment for the child. Unfortunately, parents and grandparents may not get along. When the child’s parents don’t want the grandparents to visit, the grandparents may have to fight for visitation or custody of a child.

Child custody laws are different in every state. If you have questions about getting custody of your grandchild, talk to a local child custody attorney for legal advice.

Do Grandparents Have Custody Rights?

In most situations, the parents alone have parental rights over their child. However, the parents can lose custody rights if they put the child in danger or the parents are unfit to take care of the child. If the state does temporarily take custody away from the parents, grandparents may be in the best position to get temporary custody.

Custody rights for grandparents generally depend on the custody rights of the parents. If the parents lose custody, the grandparents may have custody rights for temporary care or adoption rights. Grandparent child custody cases can be difficult to navigate. You should talk to an experienced legal professional for more information.

When Can Grandparents Get Custody of Their Grandchildren?

There are limited situations when a grandparent can file to get custody of a grandchild. Examples of when a grandparent can become the legal custodian of their grandchild can include:

  • Death of the parents
  • Abandonment
  • Unfit parents
  • Consent of the parents

Death of the Parents

If the child’s parents die, someone will need to take care of the child. If there is no surviving parents, grandparents or family members can petition for custody of the child.

Some parents may have named a grandparent or other relative in their will as the person who should get custody of their child. If the parents don’t name a legal guardian, the grandparents can petition the court for custody. It is important to note, however, that just because a parent names a legal guardian in their will does not always mean that person will become the child’s legal guardian. If you have questions about whether or not your wishes of who could be named as a legal guardian for your child, consult with an experienced family law attorney in your area.

Unfit Parents or Abandonment

Parents can lose temporary or permanent parental rights if they are unable to provide the minimum care for their child. Parental unfitness can involve abandonment, child abuse, mental illness, or neglect. If the child is in danger of harm or abuse, child protective services may temporarily remove the child from the home.

Grandparents or other relatives may be able to get temporary custody of the child if the parents are unfit. If the parents abandon their child, the grandparents may petition the court for permanent custody of their grandchild.

Parents can also agree to transfer custody of their child to the grandparents. Parents may be going through difficult times with mental health or substance abuse. A parent may also be unable to take care of their child because of incarceration. Parents may be aware that temporary custody with a grandparent can be better for the child’s well-being than going into foster care.

Can Grandparents Get Visitation Rights?

Visitation rights for grandparents are different in every state. All states have avenues in which grandparents can seek right to visitation, even if the child’s parents don’t want the grandparents to visit. Other states leave it up to the parents to decide what family members can see their children.

In some states, a grandparent can petition the family court for visitation rights if the child and the grandparents had a substantial relationship before a divorce. A substantial relationship may involve grandparents:

  • Living with the child
  • Helping to raise the child
  • Regular visits and participation in the child’s life

Other state laws give the parents sole discretion over grandparent visitation rights. If the child’s parents don’t want to have contact with the grandparents, the grandparents may not have many options. If there is a dispute between the parents and the grandparents, the court will generally decide any visitation based on the best interests of the child.

How Can a Child Custody Lawyer Help Get Custody for Grandparents?

Family law rights for grandparents can be complicated. Custody laws are different in every state and your rights may depend on where you live and where your grandchildren live. To get accurate information about your situation, you should talk to an experienced family law attorney in your area.

A child custody lawyer can give you more information about your legal rights to visitation for your grandchildren. An attorney can also tell you more about when you can seek legal custody of a grandchild and how to go through the process. You may be able to seek custody of a grandchild if the child’s parents are unfit to raise them.

Your grandchildren deserve a stable and loving home. Grandparent custody may provide your grandchildren with the support they need. For more information about getting temporary custody or permanent custody, talk to a local child custody lawyer.

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