Divorce, Child Custody and Grandparents: 3 FAQs

Divorce and child custody disputes are stressful for everyone involved, the parents divorcing, the children, and often enough, event he grandparents of the children. In some situations where the parents are deemed unfit parents by the court, a grandparent or grandparents may be awarded custody of their grandchild. Usually, however, there must be some clear and compelling reason to award custody to the grandparents, particularly if either parent is alive and both capable and interested in raising the child.

In any custody proceedings, the court’s modus operandi is to always provide for the best interests of the child. If the child or children are already living with the grandparents, they may be awarded custody, particularly if there is some reason for denying the parents the right to the parental custody and control of the child. However, the burden of proof that the parents are unfit lies with the grandparents. 

 

Usually, if maternity or paternity can be proven by a blood test, this party is in favor by the courts to be the child’s legal guardian and custodian. In general, the first rights to parent go to the actual parents. However, if grandparents can show that the children are in potential or actual danger, or are in any way suffering under the care of the parents, they can be granted custody. Examples include proving that the parents are addicted to or use illicit drugs or alcohol, or if the child has been abused or neglected in any way.

In the event that only one of the child’s parents is still living, custody is usually awarded to the surviving parent, regardless of that parent’s custody standing. Custody is usually granted to the surviving parent even if he or she was not involved with or did not know the child.

However, if this parent has no interest in accepting custody or can prove that he or she is not capable of providing for the child, grandparents are typically the next in line to be awarded custody. If the child lives with the grandparents prior to the time of the deceased parents death, this could be a strong factor in gaining grandparent custody. As long as you are honestly looking out for the best interests of the child, and the parents are unable or unfit to raise the child, grandparent custody is actually a fairly common way to make sure the child has all of the best means to live a healthy, productive life. 

If you are seeking custody over your grandchildren, the first step is to seek appropriate legal representation. For the best name in the business, click here now!