Can grandparents really obatin custody of their grandchildren?

Under very specific circumstances grandparents CAN be granted custody rights of their grandchildren. When one parent is deceased the other surviving parent typically obtains custody of the child as long as they are seen as fit by the court. This is a very hard standard to overcome, although obviously in some instances including jailed parents, drug use, child abuse, abject poverty or other social ills the courts can decide to give custody to another party, including a grandparent.

If both parents are deceased, the courts may decide to award the custody of the child to the grandparents since a blood relative is often preferred to obtain custody. Even in this situation however, the grandparent has to present key evidence to the court that the child would be better off if they had custody of the child compared to other blood relatives or third parties.

The courts can make their decision taking into account the age, health and financial ability of the grandparent to properly support and care for the child, and the gold standard is what is in the best interest of the child.

If you are in a situation where you think it may be in the best interest of your grandchild if you obtained custody please consult the resources of The Custody Center. There you will learn what steps to take to match the legal standards under which custody can be granted.

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