Grandparents Legal Rights

Grandparents have legal rights when it comes to their grandchildren, specifically when their children are going through a divorce or legal separation. In the event that they have been raising their grandchildren, they may have custody rights. While courts will generally award custody to the children's biological parents, there are certain circumstances in which custody will be awarded to other family members, including grandparents. In the event that the child's biological parents are not living, the courts often turn to family members for custody. 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. For questions about grandparents legal rights, an attorney should be consulted.

Fast Facts

  • According to the U.S. Census Bureau, there are 6.2 million grandparents living with their grandchildren currently.
  • 23% of all children living with a grandparent do not also have a parent living with them

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