How is Grandparent Child Custody Determined?

Posted By Eiges & Orgel, PLLC || 7-Dec-2015

In many complicated divorce and family situations, grandparents feel the need to step in and protect the rights and futures of their grandchildren, especially if the children are suffering mentally, emotionally, and in some cases, physically. Oftentimes, these grandparents will try to attain custody of the grandchildren.

While this option may be best for some children, many grandparents find it difficult to obtain custody due to the various laws. For this reason, it is wise to consult a family law attorney prior to fighting for custody over your grandchildren.

Every state has different laws and rules in regards to child custody. For grandparents, these statutes can become even more complicated. Courts will consider the best interests of the child, including:

  • The safety of the child
  • The physical needs of a child
  • The emotional needs of the child
  • The strength of the relationship between the child and grandparent
  • The length of an established relationship between the grandparent and child
  • The child’s wishes, if the child is of age to make his/her own decision

If a grandparent can prove that the child’s current living situation is not adequate or that both or one parent is abusive towards the child, courts will be more likely to grant a grandparent custody. However, adequate evidence must be supplied. An experienced family lawyer can determine what sources are needed throughout the duration of the case.

Are You a Concerned Grandparent? Speak with Our New York Family Attorneys

If you are a grandparent and are concerned for the safety and wellbeing of a grandchild, contact our New York family lawyers at Eiges & Orgel, PLLC right away. When you become our client, we will do whatever it takes to protect your rights and the wellbeing of any other parties involved. We are dedicated to providing our clients with exceptional services and aggressive representation from beginning to end.

Call our New York family law attorneys today for your 100% risk-free consultation. We are backed by over 35 years of experience!

Categories: Child Custody
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