Child Custody Factors For Grandparents
If you are a grandparent who finds him or herself in the unfortunate position of having to seek child custody, it is likely that the child's parent has somehow become unable to take care of your grandchild. This heartbreaking situation can tax even the strongest of grandparents, and in some situations it can feel like you are having to make impossible choices. If you have questions about how the judge decides on child custody issues for grandparents, read on.
Why Do Grandparents Seek Custody?
If you are seeking custody, it is likely that the child's parent falls into one of the following situations:
- Deceased
- Incarcerated
- Unfit
For the first two situations, judges will usually rule in your favor unless there is someone else who also wants custody. For the parent who is allegedly unfit, the issue becomes a little trickier, since you must actually prove to the judge that the child should be in your custody.
Best Interests of the Child
You should know that the judge is charged, by law, with the task of ensuring that the best interests of the child are taken into account and to ensure that if at all possible, a child remains with their biological parent. While these doctrines can present a hurdle to grandparents seeking custody, they should not be considered a bar to custody. Instead, consider the guidelines that a judge uses to determine the best interests of the child, and be prepared to prove your fitness using the following factors.
- Can you provide a safe, clean, nurturing environment for the child, including food, clothing, and medical care?
- What is your current connection to the child? In other words, has the child already spent time with you? Do you have a good relationship with the child?
- Are you (and your spouse, if married) in good physical and mental health?
- Are you prepared to deal with the child's physical and emotional needs?
- Finally, does the child want to live with you? If the child is old enough to be involved in the decision, the judge may question them in chambers or have them evaluated by a mental health professional.
The need to prove a parent unfit in order to seek custody of a grandchild can be adversarial and emotionally draining. While it helps to know that you are doing what you need to do for your grandchild, it's never easy to accuse someone of being an unfit parent. The need for a family law attorney, like Law Offices of Gordon Liebmann, is vital to assist you in your custody endeavor.