Can Grandparents (or Other Relatives) Be Granted Custody or Visitation Rights?

Matters involving custody or visitation rights can often be the most contentious of family law cases. While these rights are typically afforded to the parents of a child, there are circumstances where exceptions would apply.

Grandparents or other relatives may sometimes be granted custody or visitation rights by a court if it is determined to be in the child’s best interests. A child custody attorney can assist if you are a close relative seeking to exert these rights and help you understand your best legal options.

How Grandparents and Other Relatives Can Obtain Custody or Visitation

In any situation involving a determination of custody or visitation rights, the court weighs the granting of those privileges against what will ensure the child’s well-being and care. The court usually views a scenario where both parents play an active role in the child’s life as serving their best interests.

However, there may be cases where a grandparent or other relative would have grounds to apply for and receive custody or visitation rights. For example, if one or both of the child’s parents has died or the location of one of the child’s parents is unknown, a family member, such as a grandparent, may be able to step in and claim custodial privileges to secure the child’s best interests.

In situations where one or both of the child’s parents are deemed unfit, such as in instances of domestic abuse, incarceration, drug abuse, or neglect, a grandparent or other relative may be awarded custodial rights. Sometimes, the grandparents or other close relatives of a child will be granted custody or visitation rights during the course of a child protective services investigation.

There may be circumstances where a child of a young parent is placed in the custody of both that parent and their grandparent. While less common, if the child is old enough to determine their preferences for custody, the court may contemplate these wishes when deciding to grant a grandparent or other relative custody of the child.

Factors Affecting Custody and Visitation Rights

For those seeking custodial rights of a child who is not their biological child, such as a grandparent, sibling, aunt, or uncle, there are two primary forms of custody to consider. Physical custody indicates the actual time spent with the child. For example, a grandparent who is awarded primary physical custody is the person with whom the child lives most of the time.

Legal custody has to do with who gets to make decisions that affect the child’s life and future. For instance, a grandparent with legal custody can make determinations about where the child goes to school, the healthcare they receive, their education, and even their religious upbringing.

The court may look at numerous factors when deciding whether to grant a grandparent or other relative custody or visitation rights. These can include the custody arrangements the child wants, as well as the arrangements their parent or parents want.

The court will also consider the relationship between the child and their grandparent (or other relative petitioning for custody) and the physical as well as emotional needs of the child. The grandparent’s willingness to foster a relationship between the child and their biological parents and the changes the custody arrangement will bring about for the child’s day-to-day life could also have a notable impact on the court’s final decision.

Get Help from a Custody and Visitation Attorney

Grandparents or other relatives who want to obtain custody over the child’s parent may face a difficult road. Even when it comes to seeking visitation rights, the court may still favor the parents over other relatives, such as grandparents.

An experienced family law attorney can provide expert legal guidance and help you navigate the entire process of seeking custody or visitation rights as a grandparent, sibling, or other close relative. Contact Capital Family & Divorce Law Group of Price Benowitz LLP today to receive your one-on-one legal consultation.