Divorce can have a detrimental impact on all parties involved, with children being particularly vulnerable. While custody is usually awarded to one or both parents, there are times when neither parent is capable of raising their children.
Perhaps the parents are dealing with extreme financial difficulties or one of them is terminally ill and the other is their caregiver. It’s also possible that one or both parents are addicted to drugs or alcohol, which often leads to poor judgment. Under certain circumstances, the children’s grandparents may intervene and pursue custody.
Why grandparents may seek custody of their grandchildren
Grandparents may seek custody of their grandchildren when they deem it a necessity for the children’s survival. Statistics show that in 2023 there were 2.7 million grandparents in the United States actively engaged in raising their grandchildren.
Grandparents may be awarded custody for the following reasons:
- The parents are deemed unfit by a family court judge. This is usually the result of the local social services agency deciding to remove the children from the parent’s home because of issues like abuse, neglect or abandonment.
- The parents unexpectedly pass away. In the event of an unforeseen catastrophe resulting in the death of both parents, grandparents may seek judicial intervention for custody of their grandchildren. Custody should be easily transferred if the grandparents are designated as the legal guardians of the children in the parents’ will. When there isn’t a will that designates the grandparents as legal guardians, they must petition the court for custody.
- The parents agree to a transfer of custody because they are unable to provide for their children and do not anticipate that their circumstances will change. They may seek a temporary transfer of custody if they know that their present circumstances will be resolved in the future.
Grandparents who decide to pursue custody of their grandchildren should seek legal guidance to help them with the process.