Grandparents Custody Rights

Grandparents, like parents, have legal rights when it comes to their children involved in a divorce or separation. In terms of custody rights, grandparents who have the children living with them have an increased opportunity of the court granting their motion. In general, courts have a strong preference of custody going to a biological parent, but there are exceptions to this preference. In the event that the children's biological parents are not living, courts prefer to grant custody to a family member. In addition to custody issues, grandparents also have the right to fight for visitation rights, allowing them to remain engaged in the life of their grandchildren. If a grandparent has any questions regarding their legal rights, they should contact a qualified attorney.

Fast Facts

  • The U.S. Census Bureau reported last year that there were 6.2 million grandparents living with their grandchildren.
  • Of the children living with a grandparent, 23% of them do not have a parent living with them.

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