Grandparent’s Rights to Custody

Posted: 17 September, 2019

Grandparents’ Rights to Custody

When parents are going through a divorce, break-up or are deemed to be unfit by Child Protective Services, many grandparents will step in and seek custody of their grandchildren.    Under NRS 125C there are several ways this can happen.

When a Custodial Parent is Deemed Unfit or has Deceased? If the custodial parent has deceased or deemed unfit, the court will generally attempt to place the children with the other biological parent unless the other parent is deemed unfit or doesn’t want the responsibility. The custodial parent, prior to deceasing may add provisions in their will for the care of the children. As well, a grandparent may petition the court for custody.The judge will try to place them with other family members and grandparents often provide a logical solution.

When Both Parents Are Still Living?  If both of the grandchildren’s parents are still living, a grandparent will have a tougher challenge and need to show both parents are unfit. If the parents have drug or alcohol abuse problems, are incarcerated, or have shown neglect or abuse of the children, you can petition the court for custody. Otherwise, you must have consent of both parents to assume custody of the children.

What If You Can’t Obtain Custody? If the grandparent cannot obtain legal custody of the grandchildren, they can still help them. Grandparents can be there as a safe place to go to. Providing a calm and relaxed atmosphere, free of the stresses they face with their parents is important. Children need support and nurturing from more than just their parents to thrive.