Grandparents Custody Rights

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Grandparents Custody Rights

There are circumstances in which a child’s best interests would be better served living with someone else, are common. Since grandparents sometimes have a large role in the rearing of children, they may be afforded visitation as well as custody rights.

Grandparents’ Rights in a Custody Battle with the Child’s Parent

In most states, grandparent(s) will have to show significant evidence that a parent is unfit to retain custody of their child. Every court considers what is referred to as the “best interest of the child doctrine” before ruling in favor of a grandparent and rights to custody. If criteria are met that suggest a child would be better off living with a grandparent, then the court will generally grant the grandparent custody.
There are many factors considered when deciding the best interest of a child, here are  just a few:

Another hurdle for grandparents in a custody battle with a parent, is the “parental rights doctrine.” This simply states that it is usually in the best interest of the child to be raised by his or her biological parent(s). Any time a non-parent, such as a grandparent requests custody to be awarded to them, the court looks at the following:

Grandparents’ Rights in a Custody Battle with Someone Other than the Child’s Parent

Typically, the court will favor awarding child custody to a grandparent over someone other than the parent. For example, if a custodial parent dies, the following factors, in conjunction with the best interest of the child, are taken into consideration:

Each situation is different, as are state laws. Consulting with an attorney, and knowing where you stand in terms of custody rights, is the first step in building your case.

Should I Contact a Lawyer Regarding my Custody Rights as a Grandparent?

If you are a grandparent interested in learning more about your custody rights, an experienced family law attorney can help. Since all family law issues are unique, it is a good idea to consult with a lawyer, learn your rights, and decide on your best options.

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Last Modified: 07-21-2017 02:09 PM PDT

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