In certain situations, such as when the health, safety, and welfare of their grandchild are at risk, grandparents can petition the court for temporary or permanent custody of the child. If the parents are unfit or otherwise permanently unable to care for the minor child, the court can terminate the parents’ legal rights and grant sole child custody to the grandparents.
When removing a child from the custody of their parents in California, the courts prefer placement with a relative, such as a grandparent. This is the preference whether custody would be temporary or permanent. Additionally, if the child’s parents die, the court usually awards custody to the grandparents or the child’s designated legal guardian, such as their godparents.
Per grandparent adoption laws in California, grandparents who have gained custody of a minor child may be eligible to adopt in certain situations. For example, if the child’s parents or a court terminate all parental rights, the grandparents may be able to adopt the child.
Additionally, if a minor child’s parents put the child up for adoption, the grandparents may seek to adopt the child. However, courts do not give preference to grandparents in adopting a grandchild, especially in open adoptions. An open adoption is where the biological parents and the adoptive parents know each other’s identities. A court would consider whether adoption by the grandparents would be in the best interests of the child.
What Legal Grounds Allow Grandparents To Seek Custody in California?
Grandparents can get custody or be able to adopt their grandchild if doing so would be in the child’s best interest. When determining the best interests of the child, a court considers the health, safety, and welfare of the child, the child’s relationship with their grandparents and parents, the child’s age, and the physical and mental health of the grandparents.
Another option that grandparents have is the legal guardianship relationship. A legal guardianship usually comes about in a situation in which a child’s parents are absent, unfit, or deceased. Custody usually comes up in the context of a parent’s divorce.
For example, if both of a child’s parents are in prison, a family law court might appoint an individual to become the legal guardian of a young child. Legal guardians can be given the legal authority to exercise what is essentially physical and legal custody of a child.
A legal guardianship may be established temporarily with the agreement of a child’s parents. But at a later time, both parents and legal guardians need to petition a court for approval of a guardianship if they want the guardianship to continue beyond a temporary time period.
A significant difference between a legal guardianship and an adoption is that an adoption permanently changes the legal relationship between a child and their biological parents. It basically terminates the rights of the parents with respect to the child. A guardianship does not necessarily end the rights of parents. Rather a guardianship may be seen as transferring parental rights to the guardian. However, a guardianship can be permanent.
What Happens if the Parents Object to Grandparent Custody?
Parents always have the right to object to giving custody of their child to the child’s grandparents. However, grandparents may adopt their grandchildren with or without a parent’s consent, if a court determines that parental custody would be detrimental to the child and that it would be in the child’s best interest to be adopted by their grandparents.
If the parents are serving a relatively short term of incarceration, giving grandparents temporary custody may be an option. However, if a child is young and the parents are going to be incarcerated for a lengthy period of time, or if there is doubt that the parents can provide a stable and healthy environment for the child when they are freed from incarceration, adoption by grandparents may be the best option for the child in the view of a court.
Find My Lawyer Now!
What Types of Custody or Visitation Can Grandparents Get in California?
Temporary custody is an option that might be the best fit in certain situations. For example, if the goal of grandparents is to have the temporary authority to care for their grandchildren only while the parent or parents serve a short prison sentence, temporary physical custody might be the answer. The parents would still have legal custody, but the grandparents would have the authority temporarily to have the children live with them.
Grandparents may have good cause to seek custody of their grandchild for a variety of reasons as follows:
- The parent or parents are dealing with physical or mental health problems. They may have issues with substance abuse.
- The parents are divorced and may have other hardships as well, such as unemployment or incapacitation.
- The parents are incarcerated or otherwise unavailable to provide care and support for their children.
- The parents of the children are neglecting or abusing them.
If there is evidence of any of these situations, the grandparents would want to seek a legal consultation in California with a California lawyer. They could then seek legal and/or physical custody of the children in order to protect the children and provide them with a safer and healthier home environment.
All types of custody could be granted to grandparents depending on the circumstances and the best interests of the grandchild. There is legal custody, which is the right to make decisions about how the child is raised. This would encompass such decisions as where the child would go to school, what kind of medical care they would receive and whether they would have a religious affiliation.
Grandparents would also have physical custody, which is having the child reside with them. Grandparents could have visitation rights if someone else has custody, e.g., another relative.
If given legal and/or physical custody, the grandparents could have sole custody, either legal or physical or both. They might also gain shared custody, sharing legal or physical custody with a parent or both parents or with another relative.
Again, these are the various ways in which custody can be arranged under California law. A court is going to give the most weight to what is in the best interest of the child. And, of course, the court must consider the rights of the parents.
Can I Stop the Adoption of My Grandchild in California?
California courts have ruled that maternal and paternal grandparents both have the right to participate in an adoption proceeding concerning their grandchildren, if they have close contact with the children.
In a landmark case, the California Court of Appeals found that the maternal grandparents of a child could intervene in the paternal grandparents’ adoption proceedings, because they could “effectuate the fundamental purposes of the adoption proceeding.” The court wrote that the maternal grandparents should have been allowed to appear and participate in an adoption proceeding, because they could give information that would help the court determine the child’s best interests.
Grandparents may not stop an adoption by another adoptive parent, if a court determines that it would be in the child’s best interests. However, they do have a right to seek the adoption of their grandchildren and to participate in the adoption proceeding initiated by another party.
If an adoption proceeding is in progress because it was initiated by another interested party, e.g., another relative of the child, the grandparents should contact a California lawyer promptly for help in asserting their rights in court.
Should I Hire a California Family Lawyer To Help With Grandparent Custody or Adoption?
If you are a grandparent and believe you have cause to assume some kind of legal authority with respect to your grandchildren, you want to talk to a California adoption lawyer. LegalMatch.com can connect you to an experienced lawyer who can review the facts of your situation and guide you to the option that best fits your needs in the situation you are confronting.
