Is Child Custody Ever Granted to Grandparents?


Your grandchild is the seed of your seed, which is what makes him/her very special to you. As a grandparent, you have a special bond with your grandchild, and it’s something that nothing can change. However, if your child’s parents happen to pass away, and there is no will in place, what do you think happens to the child? In some cases, the state is granted custody to the child, and this is when he/she ends up in the child foster care system. However, in some states, grandparents can file for the rights to take custody of the grandchild, preventing the intervention of the state. With this in mind, it’s time to find out more about grandparent’s rights and how you can go about exercising them.


What are grandparents' rights in New Jersey?

Grandparents' rights differ from state to state. In New Jersey, Grandparents can be granted custody of the grandchild provided they ask for the same. In other words, this means that custody is not automatically granted. You have to get in touch with a childcustody lawyer and fight to have the child in your life. You also have to provide enough evidence that shows you have a loving relationship with your child.


When is a grandparent granted custody?

There are certain special circumstances during which grandparents gain custody of the child.  Some of these have been elaborated on below:

-        During a divorce: During a divorce, parents fight for the custody of their children. When one parent is able to prove that the other is mentally unfit or has a substance abuse problem, or is physically abusive, that parent gains custody of the child. However, if it happens to be that both the parents are unfit to take care of the child, then the grandparents are granted custody for the sake of the child’s safety. For instance, if both the parents have a substance abuse problem, the child will be given to the grandparents.

-        During death: If both the parents happen to die, grandparents can be granted custody of the child provided they apply for the same. This can happen only when there isn’t a guardian specified in the will of the parents. However, do note that if the guardian can be proved unworthy to raise the child, then the grandparents can gain custody.

-        Special cases: Sometimes, parents may choose to relinquish custody of their children. In such cases, grandparents can gain custody. Parents will have to put the same in writing and appear before a family court to settle the matter.


On a general note, it is not particularly hard for grandparents to gain custody of grandchildren if there is a reason for them to apply for the same. Proving that parents are unfit, or situations where the parents have passed away generally work in favor of the grandparents. Get in touch for more information ongrandparent’s visitation rights.



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