Do grandparents have any legal custody rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do grandparents have any legal custody rights?
Asked on July 26, 2011 Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The fact is that uner certain circumstances, a judge may grant custody to grandparents (as well as other family members or other interested parties). To petition for non-parental custody can be file if both parents have abandoned the child or are unfit because of abuse, neglect, addictions or mental illness. Typically a custody suit has a greater chance of being successful if the grandparents have already been sheltering and providing for the child. If formal custody is granted it allows the grandparents to act on the child's behalf regarding education, health care and other official matters.
Note: Visitation may be more problematic; there are no automatic right for a grandparent to have visitation. A WA statute along these lines was overturned by the US Supreme Court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.