I Want Custody of My Grandchildren! What Do I Do? Vincent W. Davis

 Child Custody Lawyer

A grandparent seeking full care and custody of a grandchild can usually file a petition with the court for custody. Since most courts prefer children to live with their parents, the right of a grandparent to get custody is normally limited to the following situations: the parents of the child are deceased.

Often children form emotional ties with their grandparents. Preserving such relationships can be challenging when the parents of the children's marriage fall apart. Grandparents close to a child can apply for a court order that grants them visitation rights. In several states, courts rely exclusively on a child's best interests when determining whether to approve this appeal. Although the law remains unsettled, these permissive laws have overcome most lawsuits and need only a fair justification to grant grandparents visitation rights.

However, in some states with permissive legislation, regulations have changed to enable courts to take into account the wishes of the parents, as well as the child's best interests. Grandparents will now bear a greater responsibility in seeking visitation rights.

In the meantime, courts within a minority of states do not focus on grandparent visitation rights on the child's best interests. These states put special focus on the parents' rights to raise children as they see fit. They would encourage grandparents to avoid interaction with their grandchildren, as long as both parents agree. Grandparents wishing to have visitation rights in a state with this form of legislation should consider mediating with their parents. If the needs of both sides are discussed, a suitable agreement can be reached which will carve out some time for grandparents to visit.

A grandparent seeking full care and custody of a grandchild can usually file a petition with the court for custody. Since most courts choose children to live with their parents, the right of a grandparent to be granted custody is usually restricted to the following situations:

• The parents of the children are dead.
• The parents of the infant were found unfit for custody.
• Parents of the infant agree to the care of their grandparents.
• The kid spent a year or more living with a grandparent or grandparents.

In all cases of child custody, the courts strive to decide the arrangement of custody is best for the child. Before the custody petition is filed, the court will weigh the degree of the child's interaction with a grandparent, the child's relationship with other blood relatives, and the grandparent's age, health, and financial capacity to support the child.

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