QUESTION
Does a grandparent have rights to a grandchild?
Asked on Jan 21st, 2022 on General Practice - North Carolina
More details to this question:
My daughter isn't mentally capable of making rational decisions at this time. She has taken and alienated her children from their entire support system. She refuses to let the kids see or speak to any family member. She does not have the financial means to provide the children with habitable and safe shelter. What are my options to ensure that my grandchildren are safe?
1 ANSWER
In general, a grandparent seeking full care and custody of a grandchild may file a petition for custody with the court. Because most courts prefer that children live with their parents, a grandparent's right to obtain custody is typically limited to the following situations:
The child's parents are deceased.
The child's parents have been deemed unfit to retain custody.
The child's parents consent to grandparent custody.
The child has lived with a grandparent or grandparents for a year or more.
In all child custody cases, courts attempt to determine what custody arrangement is best for the child. 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. You should retain counsel in your jurisdiction to file a petition for custody of your grandchildren.
Answered on Jan 21st, 2022 at 9:45 AM