How can grandparents obtain custody of their grandchild who has been abandoned by his biological parents?

It is possible in certain circumstances for grandparents to become a child’s legal guardian and to obtain physical and legal custody of a child. As a general matter, though, in child custody cases grandparents’ rights are subordinate to parental rights. This means that in order for grandparents to get custody of a child, the biological parents must either agree to the custody arrangement or there must be a compelling reason it is best for the child to live with his grandparents instead of his parents.

How to Get Custody of Your Grandchildren

Every state has slightly different laws for non-parental custody. However, as a general matter, if you wish to get custody of your grandchildren:

• You should begin by filing a petition in the Juvenile & Domestic Relations Court in the county where the child lives.
• Notice must be given to the parents of the hearing.
• You will have to appear at a hearing.

If the biological parents do not show up at the child custody hearing, or assert their wish for custody at the hearing, the court will likely grant custody to you as long as you have proven that you have a strong relationship with the child (or children) and that it is in the best interests of the child to live with you. Likewise, if the parents sign off on custody or transfer it to you, the court will respect this.

If the parents assert their own claim to child custody, on the other hand, then the court will not necessarily award custody, or even visitation, to the grandparents. The court will look at whether either parent is able to provide a decent, safe, and stable home for the child. If one of the parents is able and willing to care for the child, that parent will be first in line regarding custody of the child and his or her rights will trump those of grandma and grandpa, even if grandma and grandpa have been raising the child for some time.

Getting Help

If you would like to get custody of your grandkids, your best chance of success is to have a lawyer on your side that can assist you with your case.

Case Studies: Grandparents Obtaining Custody of Abandoned Grandchildren

Case Study 1: The Johnson Family

The Johnson family faced a challenging situation when their grandchild was abandoned by their biological parents.

Despite having a close bond with their grandchild and providing a stable and nurturing environment, they were unsure about their legal rights to obtain custody.

With the guidance of their lawyer, they filed a petition to the Juvenile & Domestic Relations Court in their county, presenting evidence of their strong relationship with the child and the child’s best interests.

The court granted custody to the Johnsons, recognizing their commitment to the child’s well-being.

Case Study 2: The Martinez Family

When the biological parents of their grandchild were unable to provide a safe and stable home, the Martinez family sought custody to ensure the child’s welfare.

They hired an experienced attorney who represented their case in court. Despite the biological parents asserting their claim to custody, the court examined the ability of each party to provide for the child’s needs.

Considering the Martinez family’s track record of caring for the child and the parents’ inability to create a suitable environment, custody was awarded to the grandparents.

Case Study 3: The Thompson Family

In the Thompson family’s case, both the biological parents and the grandparents desired custody of the grandchild. The court carefully evaluated the circumstances to determine the child’s best interests.

While the grandparents had been actively involved in raising the child, one of the parents demonstrated the ability and willingness to provide a decent, safe, and stable home.

As a result, custody was awarded to the parent, highlighting that parental rights take precedence over grandparents’ rights.​