Grandparents and Child Custody

Grandparent Issues with Child Custody

Grandparents are able to petition a custody to request that an order be granted awarding them custody when it will be in the best interest of the child for them to have custody

Grandparents can eihter request standing to file for custody on their on behalf on or behalf of one of the parents.

A grandparent with whom the child lives  parents may petition the court for custody of a grandchild.  This proceeding can may be considered when the parent is unable to care for the child due to issues such as, drug or alcohol abuse, incarceration, financial instability, mental health issues, responsibilities related to work or the military.

At the hearing the judge will decide whether the grandparent should care for the child.

The court will also consider the objections of the natural parents.   If it is in the child’s best interest and if the parents do not object, the court will award custody to the grandparent.

If the natural parents object to the award of custody, the court must find that the child has been abused, neglected or abandoned by the parents before granting temporary relative custody to the grandparent.

The judge may grant the parents visitation rights if it is in the child’s best interest to do so.

The judge may also order the parents to pay child support to the grandparent if the situation warrants.