Grandparents Child Custody Rights

Child custody would not necessarily involve only the parent of the child, grandparents may also become legal guardians and custodians of a child given that they properly exercise grandparents child custody rights. For most part, when either of the parents is still alive, there typically exists a court preference for a child to be under the care of his or her parent. When both parents have died, ordinarily, child custody is preferred to a blood relative. This provides grandparents with viable opportunity to show the courts that it is in the child’s best interest to stay with them rather than with other blood relatives.

In general, the heart of the issue of grandparents child custody rights reside in proving that grandparents are still capable and adequate caregivers for the child. The courts will still have to consider health, age and financial ability as well as the capability to care for and support the child.

Grandparents Child Custody Rights: How These Work

In the United States, grandparents, under the right circumstances, could be awarded either the custody of their grandchildren or court-mandated visitation privileges. Grandparents child custody rights have now become a recent trend.

In most cases, the best interests of the child are considered in grandparents child custody rights. These include: (1) the basic and special needs of a child; (2) the capability and ability of the grandparents to provide for these needs as well as affection, love and constant contact with their grandchildren; (3) the wishes of the parents and the child; (4) the strength and length of the relationship of the grandparents and the grandchildren; (5) adjustment of the child at home, in school and in his or her community; and (6) history of substance and drug abuse, alcoholism and forms of domestic violence.

There are certain requirements for grandparents child custody rights and grandparent visitation.

Requirements to Grandparents Child Custody Rights

The courts grant special visitation privileges and custody rights to grandparents under certain circumstances and specific conditions per state. A grandparent must be aware of the conditions surrounding the request of either custody or visitation before finally determining which to request in a court of law.

In general, grandparent child custody or “conservatorship” are less specific as compared to grandparents visitation. The courts must first verify and confirm the relationship of the parents and grandparents. Several states specifically stipulate grandparents as custodians if both of the parents have died. If both or either of the parents is alive, then the courts presume that the child will remain in custody of the parent. Grandparents must prove the parent/s unfit for custody to overcome the natural favor of the courts in favor of parents. Even if the relationship between the grandchild and grandparent is strong, it is still very difficult for grandparents to gain custody of a grandchild against the wishes of his or her parents.

Grandparent visitation is more rigid than grandparents child custody rights in that the former generally requires a number of conditions before visitations may be granted. First, the marital status of parents must be confirmed. Next, some states open visitation by grandparents only when one parent has already died. Once these and other provisions are met, the court may consider (a) the confirmed relationship of grandparent to grandchild; (b) the costs and benefits of grandparental visitation on the child; and (c) evidence of abuse, if any. In some states, adoption or custody rights of a stepparent warrant or cancel grandparents child custody rights depending on the situation.