How can grandparents get custody of grandchildren

The legal rights for grandparents can be confusing, and getting custody or visitation rights with your grandchildren requires extensive knowledge of Florida family law. Florida awards grandparents custodial rights in the form of temporary custody when it has been determined that the parents are unable to adequately provide for their children.

This is a short-term solution until the parents are able to resume their role as the primary caretaker. In other situations not listed, the court will not get involved or establish visitation rights. The court may consider the child's degree of contact with a grandparent before the custody petition is filed, the child's relationship with other blood relatives, and the grandparent's age, health and financial ability to support the child.

If you believe that your grandchild would have a better life with you than with his or her parents, an uphill battle may lie ahead. As a preliminary matter, grandparents must show that their age, health, and financial situation allow them to properly care for their grandchildren. A grandparent must have a very strong case to succeed in taking custody of a grandchild.

Grandparent custody is not the same as grandparent adoption. This is especially true if both parents are still alive. Unless the parents consent to give up their custody rights, a grandparent may need to show that both parents are unfit to have custody of a child. A finding of unfitness can stem from child abuse or neglect as well as substance abuse or mental illness.

When this happens, however, grandparents still may need to overcome attempts by other family members to get custody of a child. Competing claims for custody by multiple non-parents will be resolved according to the best interests of the child.

In some cases, a court will require grandparents to have cared for a grandchild for at least one year before awarding them custody. When a parent who has custody of a child dies, a grandparent may have a somewhat better chance of establishing custody. A grandparent seeking visitation rights may have the best chance in mediation. Events such as divorce or separation may divide a family, and may cause a parent to limit a grandparent's contact with his or her grandchildren.

Grandparents seeking to maintain or reestablish visitation with grandchildren are encouraged to resolve the situation without resorting to legal action. Some courts will not proceed until all non-legal options have been exhausted. Grandparents may attempt to discuss the subject of visitation with parents on their own, or they may seek the assistance of a neutral third-party mediator.

If the issue remains unresolved, grandparents may petition the court to obtain a visitation order. Sole custody includes both legal and physical custody. A parent can have one or the other. Full custody is when both legal and physical custody are awarded to one parent. Guardianship provides a safety net for children who cannot be cared for by their parents or adults who cannot care for themselves. Find out the requirements for guardianship to be established and the necessary court procedure.

Estate Planning Basics. Learn why you should appoint a legal guardian for your children, the rights and responsibilities of the legal guardian, and the steps that you need to take to appoint someone as the legal guardian of your children. New York child custody laws are geared toward protecting the best interests of the child. While some sources advise that there are no guidelines, or only a few guidelines, for awarding child custody, this is not accurate.

New York case law gives many guidelines and has defined best interests quite extensively. A little effort now can save a world of painful problems in the future.

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A grandparent is legally allowed to file an action requesting visitation once during a 2-year period. The first factor the court will take into consideration is the best interest of the child. It is not common; however, under certain circumstance, a grandparent may be able to obtain custody of their grandchild. This varies on a case-by-case basis. To determine your rights to custody and visitation as a grandparent, contact our office online or call us at to schedule a consultation.