Grandparent Custody

In the event that one or both parents of the child are living, courts will rarely award custody to the grandparents. In the event that the child's parents are no longer living, or they are not suitable for custody, the courts will generally look to other family members for full custody. If the children have been living with or raised by the grandparents, this will be strongly considered by the family courts when determining custody arrangements. Courts will consider age, financial capacity, health, emotional capacity and the bond of the children with the relatives when determining custody arrangements. Custody arrangements involve both physical and legal components. Legal custody refers to the capacity to make decisions about specific issues, including education concerns. Physical custody refers to who will raise the children. In the event that grandparents are not awarded custody, they can apply for visitation rights, allowing them to remain active in the child's life.

Fast Facts

  • All 50 states have laws in place regarding custody and grandparents.

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