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Why some grandparents seek custody of their grandchildren

On Behalf of | Apr 23, 2024 | Family Law |

Grandparents and their grandchildren can have a very unique bond. In some cases, their close relationship may prompt grandparents to ask for custody of their grandchildren. There are several possible inspirations for this.

Parents may not always be able to provide for their children due to financial or health concerns or a lack of necessary parenting skills. In such cases, grandparents can potentially petition for and be granted temporary or permanent custody of their grandchildren.

Reasons why grandparents may seek custody

The following are three relatively common reasons why grandparents may seek custody of their grandchildren:

  • The parents unexpectedly pass away. In the event of an untimely death of both parents, grandparents have the right to ask the court to grant them custody of their grandchildren. Custody should be transferred quickly if they are listed in the parents’ will as the children’s legal guardians. If they are not designated as guardians by law, they will need to ask the court for custody.
  • It has been determined that the parents are not suitable to provide the necessary level of care required by law. Therefore, the court needs to conduct a fitness hearing to determine their competency. This hearing might be initiated by the social services organization if they choose to take legal action.
  • The custody transfer is approved by the parents. Parents may be able to give custody of their children to their grandparents permanently if they are unable to care for them and do not see that changing. They could, however, think about a temporary transfer of custody if they are confident that their current circumstances will be resolved soon

To request custody of their grandchildren, grandparents must demonstrate to the courts that they can provide for them. If grandparents want to apply for custody of their grandchildren, they should seek assistance to guide them through the process, given the complexity of this situation and all that is at stake.