What Custody Rights Do Grandparents Have?

Posted on: 11 October 2021

Are you a grandparent that is trying to seek custody of a grandchild? While it is very difficult to do so, It's possible for you to sue to gain custody of children that are in a bad living situation. Here are some things you need to know about this unique situation.

Do You Need To Live With The Grandchild?

Many people assume that they would not be able to seek custody of a grandchild because they don't currently live with them or haven't lived with them in the past. That is not true since the court is going to look for a history of substantial past involvement with the child for you to qualify to receive child custody. As long as you have been a major part of the grandchild's life up until this point, you have a good chance of being awarded guardianship. 

Why Would A Court Take Custody Away From A Parent?

The reason for awarding custody to a grandparent is because the child's current living environment with their parents is not ideal and you can provide a better life for them. You need to show that the child's physical wellbeing or emotional development would be significantly impaired by allowing the child to stay with their parents. 

For example, there may be a lot of illegal activity happening in the home where the child is living, and you want to take them out of that environment and put them in a safer one. Also, the parents may not be fit to raise a child and are being neglectful toward them. Any accusations will be looked into, so you need to have a serious reason to seek custody that can be backed up with facts. 

Who Can Help You Seek Child Custody?

Know that there is a significant burden of proof that you must overcome if you are looking to seek child custody from your grandchild's parents. While some places can be very clear in terms of what is best for the child, most situations are not. It will be easy for parents to change their act when they are interviewed or have someone visit their home to observe the current living situations. That's why it is always worth working with a child custody lawyer to help you win your case. They have experience in these types of cases where they can help you gather the evidence you need to successfully win your custody battle in court. 

Contact a child custody lawyer near you to learn more.