Can Grandparents Be Awarded Custody Of Grandchildren?

Child custody after a divorce is a crucial factor. Often, parents forget to think about the child during the divorce proceedings. These scenarios generally raise the question if grandparents can get child custody. Click here if you want to know more about child custody. 

However, many grandparents get confused about child custody and access to children. There is a significant difference between both terminologies. The grandparents may have full or partial control of the child in child custody. In contrast, the grandparents might be able to interact with the child occasionally when gaining access. 

In a nutshell, the grandparents can get the child custody. Below are the factors considered when grandparents want child custody for your better clarity. 

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  • Both parents seem unfit. 

When both parents of the child seem unfit or unstable to have custody of the child, grandparents can file a petition in court. They could convince the court that both parents of the child might not be the ideal option to raise the child. Once the court agrees, the grandparents will likely get child custody. 

  • Consent 

The court may reward child custody to the grandparents after considering the factor of consent. When both parents agree to give the grandparents custody of the child, the grandparents can quickly get the custody. However, written consent or an agreement would be required in court to obtain child custody. 

  • Abuse or negligence

Another factor that the court may closely observe is the child’s life in the parents’ house. In a few divorce cases, some grandparents documented or recorded the abuse of the child in the parents’ house. Apart from child abuse, the grandparents may get the child custody if the parents neglect the child’s needs and wishes, 

  • Consumption of drugs 

It is common for a person to start consuming alcohol or drugs after being approached for a divorce. However, the consumption of drugs is no justification for the child’s life and future. If the court observes either parent consuming alcohol, drugs, or any other harmful substance, the grandparent may get child custody. 

  • Mental health

Likely, a parent may not react to the divorce as pertained. Many divorce cases leave the parents in emotional turmoil. When a parent is mentally sick or unstable, grandparents may be rewarded with child custody. 

  • Disputes

When either parent refuses to take the child and the other seems unfit, child custody would be rewarded to the grandparents as the only resort. If the grandparents want child custody, it would be best to seek legal help and pursue the necessary actions.

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