Categories: Grandparents Rights

What is considered by courts regarding grandparents custody

Published by
neil

Courts grant grandparents visitation or grandparents custody to grandparents only when certain conditions provided in state statutes are met. Conditions for a grandparent to attain custody differ from those conditions required for visitation rights. A grandparent should be familiar with the conditions for either custody or visitation before determining whether to file a petition to request either from a court of law.

Best Interests of the Child

Courts in every jurisdiction must consider the “best interest of the child” when granting custody or visitation rights to a grandparent. In some states, the relevant statute provides a list of factors the court should considered when determining a child’s best interests. Other states do not provide factors in the statute, but courts in those states typically identify factors in custody and visitation cases interpreting the state statutes.

The following factors in determining the best interest of the child are among those included in state statutes and case law:

  • The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of the child
  • The capability of the parents and/or grandparents to meet the needs of the child
  • The wishes of the parent(s) and the grandparent(s)
  • The wishes of the child, if the child is capable of making decisions for himself or herself
  • The strength of the relationship between the grandparent(s) and grandchild
  • The length of the relationship between the grandparent(s) and grandchild
  • Evidence of abuse or neglect by the parent(s) or grandparent(s)
  • Evidence of substance abuse by the parent(s) or grandparent(s)
  • The child’s adjustment to the home, school, or community
  • The ability of the parent(s) or grandparent(s) to provide love, affection, and contact with the child
  • The distance between the child and the parent(s) or grandparent(s)

You can find much greater detail about this issue in my comprehensive grandparents rights book No Greater Loss

neil

Recent Posts

Looking for the Helpers: <br> Grandparents on the Front Lines

Right now, one group of helpers deserves special recognition: the millions of grandparents who have…

3 days ago

Becoming Papa Jamie: <br >Navigating Grandparenthood in My 30s

Being a grandparent in your 30s doesn’t come with a manual. It’s not something many…

5 days ago

Being a Significant Adult

Our kids and grandkids are far more interested in who we are and what we…

6 days ago

The Realities of Kinship Care: <br >When Grandparents Become Parents Again

Across the country, countless grandparents are raising their grandchildren due to family crises such as…

2 weeks ago

Spreading Happiness in Troubled Times

It may seem like a small thing but what would be the outcome if you…

2 weeks ago

Staying Connected Through Sunday Letters

That simple act of writing—often rambling, always heartfelt—has become a small but meaningful thread that…

3 weeks ago