November 9, 2007, Newsletter Issue #72: Do grandparents have rights concerning child custody?
Tip of the Week
With the ever-increasing involvement of grandparents in childrens' lives, this has become a very viable question with respect to a divorce situation. As in all cases, the best interest of the child or children will be considered and taken into account when deciding child custody.
Typically, if either one or both of the parents are alive, custody will be awarded to them. There are certainly cases in which parents may be deemed unfit or perhaps have preceded the child in death and therefore, a court is required to look at alternatives for child custody.
Ordinarily, a judge will explore options of the child or children's blood relatives first before seeking other child custody avenues. This may provide the grandparent, if physically capable and financially able to care for the children, the opportunity to petition the court for custody.
Of course, the judge will consider age and health of the grandparents in making his/her decision. However, it does give the grandparent a great opportunity to make the case that living with them would be in the best interest of the child or children.
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