Grandparents And Child Custody: Child Custody Rules

Grandparents are rarely given custody when one of the child's biological parents is still living. When a parent dies, the law usually gives preference to the other surviving parent when determining custody regardless of the relationship between the parents at the time of the death. However, if both parents are deceased, custody is usually awarded to a blood relative. That doesn't mean that custody will automatically be given to a grandparent, since several factors will be considered in determining the best placement of the child. Here are some of the child custody rules that govern grandparent's rights.

When determining if the grandparent is the best person to raise a grandchild, the age, health, and financial ability to take care of that child will be considered. If you are not in good health or are living on a fixed income, you probably aren't the best person for the job. You can still be an important part of your grandchild's life, even if you don't have legal or physical custody. If there is another blood relative that is willing and qualified to care for the child, they will probably be the first choice for the court to award custody.

Some circumstances exist today that were rarely encountered years ago. Not all parents are part of what is considered by most to be normal family circumstances. More and more babies are being left with grandparents, while the parents enjoy their freedom to do whatever they want with their time. Often, the father may not have ever been named or may not be known by the family. In these circumstances, the rule is that grandparents may be able to obtain custody of a child if they can show they are physically and financially capable of raising that child. If the mother is willing to relinquish custody, then there will be a few steps needed to allow the grandparent to get custody.

In most cases, the grandparent must petition the family law court in order to request full or partial custody of the child. You must also know the rules about legal and physical custody. If you are awarded legal custody, it means you have the right and the responsibility to make decisions about your grandchild's upbringing. Physical custody means that your grandchild will live with you in your residence.

In cases where a grandparent has already taken on the parenting role of the child for a year or longer, or if neither biological parent has provided adequate parental care or has abused the child through neglect, mental or physical abuse, or substance abuse, the grandparent may be able to win legal and physical custody of the grandchild.