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They have no legal "right" to custody. If they believe the child is endangered by living with the parents they can request legal custody through a petition to the family court. Both parents would need to consent to the appointment of the grandparents as legal guardians. If there is no consent, the grandparents would need to provide compelling evidence that the parents are unfit. The court would evaluate the situation and render a decision.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
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Do grandparents have rights in a custody battle?
That depends on why the mother lost custody in the first place. The court must have granted the grandparents custody for some reason. If they have custody now you have to apply in court for the custody to be moved.
What custody rights does an aunt have?
No, only parents or grandparents are mentioned in the custody rights laws of the different states and not always grandparents either. It's up to the court when you apply for custody.
What are a fathers rights to his kids after a spouse passes ..against the maternal grandparents?
You have full and primary rights to your children. Grandparents do not have custody rights to children over parents.
Do grandparents have legal rights for custody in Tennessee?
If fully depends on the circumstances.
What has to be done to get grandparents rights?
The grandparents can get access towards there grandchildren by the mother and father dies and they get them. Or the grandparents file for custody of the children
How old do you have to be to live with your grandparents in Indiana?
The same as it applies to parental custody issues. see related link
Does a grandparent have rights in Florida?
Yes, grandparents have rights in Florida. You can hire a lawyer so that you can present your case during the custody hearing.
Can grandparents seek custody if both mother and father or unfit parents?
Yeah, they have several of the same rights.
What are grandparents rights as far as getting custody of a minor child?
Their rights start where the parents' rights begin. If the parents are actively parenting, the child is thriving and nothing illegal is going on, then the grandparents are honor bound to support, not supplant, the parents. If the parents are out of the picture, the grandparents can certainly apply to become guardians of the child.
Can paternal grandparents get custody of newborn?
If the new parents agree to it or if their parental rights are taken away due to neglect etc you can file for custody as a grandparent if that is legal in your state.
Does the husband of a grandmother have any rights to the grandchild?
The husband of a grandmother is often the grandfather. In general, however, grandparents do not have rights to a grandchild unless the parents are dead or legally incapacitated and the grandparents are the closest competent relatives. Even then, a court must first assign custody to the grandparents, it does not come automatically.
Can a 9 yr old child have the right to live with grandparents in Pennsylvania?
The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).
