GRANDPARENTS’ RIGHTS TO GUARDIANSHIP, CUSTODY AND ACCESS

Grandparents may desire to be appointed as guardians of a child in order to make major decisions on the child’s behalf. However, the law typically preserves the right of natural parents to raise their child without disruption, and the courts would not readily displace the authority of the natural parents.

As such, the courts would not compare between households and consider which is the better home for the child or whether the child has a brighter future with one or the other party. Only in very limited circumstances would grandparents be considered for guardianship, such as:

• When there is evidence of neglect by the natural parents of a child
• When there is evidence of abuse by the natural parents of a child
• The child’s natural parents are no longer interested in being the guardians of the child
• The child’s natural parents are undergoing divorce, and the court is deciding whom to grant custody of the child to

In such circumstances, if it is in the child’s welfare, the courts may appoint grandparents as the guardians of a child.

Similarly, save for very exceptional circumstances, grandparents do not have rights of access to a child.

In summary, parents have the primary responsibility and authority of a child. Grandparents do not have default rights to guardianship, custody or access of a child, but may be granted such rights in limited circumstances

ABOUT PKWA FAMILY LAW

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