WHAT RIGHTS DO GRANDPARENTS HAVE IN A CUSTODY CASE?
A grandparent may file a petition for physical and legal custody of a grandchild if the grandparent’s relationship with the child began with the consent of the parents or by an order of court. The grandparent must also have assumed the responsibilities of the parent for 12 months or more, or the child must be at risk due to abuse or neglect. The court may give a grandparent custody where it is not in the child’s best interest to be in the custody of either parent, and it is in the child’s best interest to be in the custody of the grandparent. If there parents have been separated for 6 months or more, if there is a divorce action pending, or if the child has resided with the grandparents for 12 months or more, the grandparents may obtain partial custody or visitation rights. If a parent is deceased, the parents of the deceased parent may also obtain partial custody or visitation rights. The grandparents’ partial custody or visitation must be in the child’s best interest and must not int
