In a child custody case, the court usually gives legal rights to one parent or both because they believe that it’s best for the child involved. According to family law attorneys, there are instances when a third party can seek custody as well. Third parties, like grandparents, can win a child custody case based on the following requirements:
When Both Parents Are Still Alive
When both parents are unable or unwilling to take care of the child
When both parents give consent, allowing the grandparents to take custody
When an accredited family law attorney presents a documented file of abuse or neglect
When either of the parents are mentally ill, and the other won’t take the child
After the Death of a Custodial Parent
The court will give the grandparents custody because they’re the closest blood relatives, even if they weren’t actively part of the child’s life.
The grandparents need to prove that their age, health, and finances won’t stop them from taking care of the child.
The custodial parent and child are living together with the grandparents.
The child wants to live with the grandparents despite having other possible candidates.
These are only some of the requirements that the court needs to win a child custody case. Depending on the state, there might be specific guidelines. It’s ideal to ask a reliable family law attorney to know which regulations apply.