Grandparents may attempt to discuss the subject of visitation with parents on their own, or they may seek the assistance of a neutral third-party mediator. Some courts will not proceed until all non-legal options have been exhausted.
Grandparents seeking to maintain or reestablish visitation with grandchildren are encouraged to resolve the situation without resorting to legal action. It also can be helpful to show that the child wants to live with the grandparent, or that the deceased custodial parent named the grandparent as the child’s legal guardian in a valid will.Ī grandparent seeking visitation rights may have the best chance in mediation.Įvents such as divorce or separation may divide a family, and may cause a parent to limit a grandparent's contact with his or her grandchildren. A grandparent will have an especially strong case if the custodial parent and grandchild were living with them already, since courts value stability during a child’s development. If this is not possible or not in the child’s best interests, grandparents or other close family members may be able to gain custody. But courts still prefer to place the child with the other parent if possible, unless it is not in the child’s best interests. When a parent who has custody of a child dies, a grandparent may have a somewhat better chance of establishing custody. In some cases, a court will require grandparents to have cared for a grandchild for at least one year before awarding them custody. Competing claims for custody by multiple non-parents will be resolved according to the best interests of the child. When this happens, however, grandparents still may need to overcome attempts by other family members to get custody of a child. A finding of unfitness can stem from child abuse or neglect as well as substance abuse or mental illness. Unless the parents consent to give up their custody rights, a grandparent may need to show that both parents are unfit to have custody of a child. This is especially true if both parents are still alive. Even though a grandparent may gain custody of a child, the child’s parents will retain parental rights.
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Grandparent custody is not the same as grandparent adoption. A grandparent must have a very strong case to succeed in taking custody of a grandchild. A court then will weigh both the child’s best interests and the rights of the parents to control their children’s upbringing. As a preliminary matter, grandparents must show that their age, health, and financial situation allow them to properly care for their grandchildren. If you believe that your grandchild would have a better life with you than with his or her parents, an uphill battle may lie ahead. Grandparents Seeking Custody of Grandchildren The court may consider the child's degree of contact with a grandparent before the custody petition is filed, the child's relationship with other blood relatives, and the grandparent's age, health and financial ability to support the child. In all child custody cases, courts attempt to determine what custody arrangement is best for the child. The child has lived with a grandparent or grandparents for a year or more.The child's parents consent to grandparent custody.The child's parents have been deemed unfit to retain custody.Because most courts prefer that children live with their parents, a grandparent's right to obtain custody is typically limited to the following situations:
IF THE KIDS ARE UNITED THEY WILL NEVER BE DEPARTED FULL
In general, a grandparent seeking full care and custody of a grandchild may file a petition for custody with the court. Once the interests of both sides are explored, a satisfactory arrangement may be reached that carves out some visitation time for grandparents. Grandparents who want visitation rights in a state with this type of law should consider pursuing mediation with the parents. They will allow parents to prevent grandparents from having contact with their grandchildren, as long as both parents agree. These states place a strong emphasis on the rights of parents to raise children as they see fit. Meanwhile, courts in a minority of states do not base grandparent visitation rights on the best interests of the child. Some courts only take into account the child’s best interests when determining whether to award a grandparent visitation rights, but others consider both the child’s best interests and the parents’ wishes.
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