Four Situations In Which Child Custody Should Go To The Grandparents

Posted on: 27 February 2017

The term "custody" is usually associated with the battle of divorcing or unmarried parents seeking control over their children. However, custody isn't restricted to legal or birth parents. As a grandparent, you also have the right to seek custody of your grandkids if you are convinced it's in the grandkids' best interests. Here are some of the reasons it may be best to seek custody of your grandkids:

Both Parents Want You to Do It

Most parents love their children, and if they have decided to give up custody to you, they must have a good reason for it. For example, an underage child who gives birth may not have the finances or knowledge to take care of the child. Therefore, your teenage child may give you custody of your grandchild so that you can provide for the child. This kind of custody is the easiest; there will be no custody battle involved since you are doing it with the parent's consent.

The Surviving Parent Has Mental Illness

A mentally ill person cannot provide the best care for their child. Therefore, if a parent is mentally ill, it might be best to cancel their custody rights and give the child to a person who can provide for them. In most cases, it's the other parent who will get custody if one parent is mentally ill. However, the grandparent can step in if the other parent is deceased or their whereabouts are unknown.

The Parents Are Abusive

Child abuse inflicts terrible physical and psychological hurt on children, and no court will allow a child to continue living with an abusive parent. It's even more worrying that there are cases where both parents are abusing their children. For example, if both parents are addicted to dangerous drugs, they may spend all their money on buying drugs at the expense of the child's welfare. In that case, if you are the grandparent, you can step in and rescue your grandchild from their misery.

The Fit Parent Can't Take Care of the Kid

Courts have always maintained that a parent is the best person a child should live with. This is why if one parent is unfit, custody almost always goes to the other parent. However, there are cases where one parent is unfit and the other one lacks the ability to take care of the kid. Take an example where one parent is mentally ill and the other is homeless. In this case, the court may determine that the grandparent is best placed to take care of their grandchild.

Consult a family law attorney if you wish to take custody of a grandchild. Don't assume that the court will be of the same opinion that you are the best option for the kid; the court may need some convincing. Getting a lawyer will help you to convince the court of your stance. Click to read more.