South Florida Child Custody Attorney Eric N. Klein

Grandparents' Role in Child Custody

Grandparents can seek a court order for visitation with their grandchildren. It is ideal that grandparents join with the parents in visiting the child, as the more family unity presented to the child, the better. However, if there is a special case, the grandparents have the right to petition the court.

In order to be granted specific visitation rights, the grandparent must prove that a lack thereof will cause harm to the child. The states typically view the parents as having the fundamental right to care and custody. Therefore, the case would have to be especially compelling for the court to issue an exception. This can be very difficult to prove. The court will refrain from interfering in relations if possible. One must remember that the court is not interested in protecting the interests of any other party besides the child when granting custody.

As far as custody, there are certain times when it may be granted to a child’s grandparents. First preference goes to the parents with the exception of abandonment or chronic abuse. If both parents have died or the above crimes have occurred, the court favors a blood relative. The health, age, and financial ability of the grandparents will factor into the court’s decision when granting custody.

More and more, the court systems are considering other people than the biological parents for custody if there is significant evidence that the person can provide better care. Above all, the custody case is guided by the welfare of the child.

If your family is going through a child custody battle, contact a Boca Raton child custody lawyer at Eric Klein & Associates by calling 561-353-2800 today.