In most cases involving separated parents, grandparents see their grandchildren on their own child’s custodial time. In some cases, grandparents can obtain custody and visitation rights.
Grandparents rights are generally limited. Parents have a preeminent right to custody of their children. For a grandparent to get custody, they have to demonstrate that each objecting parent cannot provide minimally necessary care for a child. To obtain visitation, where the grandparent has periods of contact with a grandchild, the grandparent must show regarding each parent that the parent agrees, cannot meet teh child’s minimal needs, or demonstrate that their objections are unreasonable by clear and convincing evidence.
Many grandparent cases involve parents who are both unable to care for a child. In those cases, when a case involves the claims of competing grandparents, custody and visitation are based upon the best interests of the child.
If you have questions about coparenting and your custody arrangements, please contact MacElree Harvey’s Centreville Delaware office at 302-654-4454. Visit macelree.com to learn more.
Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.