Reasons Grandparents Can File for Custody of a Grandchild

December 2nd, 2019

Considering Grandparents for Child Custody

Although it may seem like a positive move, the court will not grant custody of children to grandparents unless there is a legitimate reason why it is necessary. The court will not give grandparents special consideration, even though they are family members. Parental rights always come first unless the child is in danger.

Not Agreeing With Parenting Style Is Not Valid Reason for Change of Custody

Parenting styles are very different now than they were even a few decades ago. What was once considered “normal” discipline may not be called child abuse. Even celebrities’ parenting styles are being highly criticized by the public and courts for the way they discipline their children. It is understandable that grandparents may not agree with the parenting style of their sons or daughters. However, having a different parenting style is very different than a child being at risk or in danger.

Conditions that May Warrant Change in Custody

The court will only consider changing custody of children in situations that are dangerous to the children. That may include:

Abandonment – If a child is being left alone for long periods of time or a parent has completely abandoned their child, the court may consider new custody arrangements.
Emotional Abuse – This can be more damaging that physical abuse in some ways, often requiring years of therapy or counseling. If you can prove that the children are being subjected to emotional abuse, the court may consider a change of custody.
Neglect – Even if parents are in the house, they may not be taking an active role in caring for the child. If they fail to take part in a child’s life and care for them properly, then the court may consider a change of custody.
Physical Abuse – If a parent is physically abusing a child, the court will consider change of custody. It is not necessary for the physical abuse to be malicious. In some situations, the parent may think they are doing what is best, but not in the eyes of the court.
Sexual Abuse or Child Exploitation – If you uncover that a child is being sexually abused or exploited, it’s important to call the police immediately so they can record the situation. A court will want evidence of this situation, and a change of custody is likely.
Substance Abuse – If parents are abusing drugs or alcohol and cannot properly care for their children, the court will consider a change of custody.