Reasons Grandparents Can File For Custody Of Grandchild

What are the many reasons why grandparents may choose to file for custody of their grandchildren? Let’s look at the most common reasons why and what rights grandparents have when it comes to the relationship with their grandchildren.

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Reasons Why Grandparents May File For Custody Of A Grandchild

Death/incapacitation of the parent, a voluntary custody agreement, or the court deeming the parent unfit are three of the most common reasons behind a grandparent being given custody of their grandchild. Let’s look at these circumstances in more detail below.

1. Death Or Incapacitation

If both parents pass away or become incapacitated without a will in place, the custody of their children will be decided by the courts. Oftentimes, grandparents or siblings will be the next to gain custody.

To get legal and physical custody of a grandchild, grandparents need to prove that this custody situation is in the child’s best interest. If parents are looking to avoid leaving their children’s custody arrangement in the hands of the courts, they can work with an experienced lawyer to draw up a will and healthcare directive.

2. Unfit Parent(s)

Deeming a parent unfit is also known as “involuntary termination of parental rights”. This process involves a court determining that a child cannot safely live in their current home because of the potential for harm from their parents. Both parents’ inability to provide the child with basic needs can also result in this determination.

If the grandparents believe the parents are unfit to care for their grandchildren, they can petition the court for custody. However, they need to collect and provide evidence to the court. This documentation can include medical records, police reports, and even witness testimony.

Courts consider the following factors when deciding whether or not a parent may be unfit:

Neglect.
Abandonment or desertion.
Physical and/or emotional abuse.
Other documented forms of abuse.

3. Voluntary Custody Agreement

There are cases where the parents could be struggling and need support from family members like grandparents when it comes to childcare. In cases like this, the grandparents can petition the courts for custody of their grandchildren to help provide support while becoming a legal guardian.

This can ultimately give grandparents the ability to register their grandchildren for school or schedule doctor’s appointments. The court typically reviews the agreement in order to verify the parents have not been coerced and that this situation is truly in the child’s best interest.

What Rights Do Grandparents Have?

Depending on the specific situation, grandparents have the right to petition to gain access to different custody types of the grandchildren. These custody types include the following:

Sole custody: One legal guardian will be responsible for the child’s well-being.
Joint custody: Two or more parties share the custody of the child and the associated responsibilities.
Physical custody: This is when the child physically lives with the legal guardian.
Legal custody: The legal guardian will have the right to make decisions regarding the child’s health and well-being.

Situations like a divorce or the death of one parent can sometimes lead to the restriction of grandparents’ visitation rights. Most states encourage grandparents to try to resolve any issues with the parents directly before opting to go to court. Most courts will favor parental rights over grandparents’ rights.

How Can Grandparents Get Custody Of Grandchildren?

Grandparents looking to file for custody of their grandchildren need to prove to the courts that they are capable of providing the needed childcare.

In addition, grandparents may also need to show the following:

Prove the extent of their relationship with the grandchildren.
Provide documented evidence of abuse or neglect of the grandchildren.
Demonstrate a stable and nurturing home for the grandchildren.

Contact an experienced attorney in your area for more information!

Source:

Reasons Grandparents May File For Custody Of A Grandchild Retrieved on April 1, 2025 from https://www.metlife.com/stories/legal/reasons-grandparents-can-file-for-custody-of-grandchild/

Ogborne Law, PLC In Scottsdale, AZ

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.