Can grandparents be awarded custody of their grandchild(ren)?
With respect to custody, while either parent is alive, there is typically a preference that custody of a child be with the parent. In the event of the death of one of the parents, the other surviving parent ordinarily has a preference in law for the custody of a child. When both parents are dead, ordinarily custody is preferred to go to a blood relative, providing a grandparent with a viable opportunity to show the court that it is better for the child to be in his/her custody as opposed to other blood relatives. Courts will consider the age, health, and financial ability of the grandparent(s) to support and care for a child.
