Under limited circumstances, the laws of all 50 states permit grandparents to seek and obtain custody of their grandchildren. Although minor variations exist in the laws from one jurisdiction to another in regard to custody, the rights of grandparents to seek custody of a minor child largely are the same, according to James W. Stewart, author of the "The Child Custody Book".
Abuse
Every state allows grandparents to seek custody upon a finding that the children suffered from abuse or neglect at the hands of their parents, according to Find Law. These cases are classified as child in need of care (CINC). In these situations, grandparents typically can obtain emergency temporary custody orders because there's a preference for finding a close relative to take custody of children, when there are abuse allegations.
Death
Grandparents in all states also can seek custody should the parents of the minor die. In considering granting custody, the court examines the relationship the grandparents maintained with the child prior to the parents' deaths. The court prefers a situation in which the child maintained a close relationship with a potential custodian to minimize the stress on the minor in the aftermath of the loss of his parents.
Enforcement
Once a grandparent is awarded custody of a child, the laws in all states provide mechanisms to enforce the court's custodial order. Parents interfering with a grandparent's custody order can be found in contempt and may face monetary fines and even incarceration.
Legal Representation
Custody cases and disputes represent a complex and challenging area of the law and you should consider hiring an experienced attorney to represent your interests. State and local bar organizations maintain directories of attorneys in different practice areas.
American Bar Association
321 N. Clark St.
Chicago, IL 60654
312-988-5000
abanet.org
References
- Find Law: Grandparents' Visitation and Child Custody Rights
- "The Child Custody Book" James W. Stewart; 2000
- DivorceNet.com: Grandparents' Rights to Custody and Visitation
