Distinct from partial custody or visitation can a grandparent petition for the right to have primary physical or legal custody of a child?
Yes, under a set of very specific circumstances. All of the following must apply: 1. If it is not in the best interest of a child to be in the custody of a parent and it is in the best interest of the child to be in the custody of the grandparent; 2. The grandparent must have genuine care and concern for the child; 3. The grandparent’s relationship with the grandchild must have begun with the consent of the parent or pursuant to a Court Order; and 4. The grandparent has assumed the responsibilities of a parent for twelve (12) months, or assumes the responsibility for a child the Court has found to be dependent, or assume the responsibility for a child who is at risk because of parental abuse, neglect, drug or alcohol abuse or mental illness.
