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When would grandparents gain custody of a grandchild?

On Behalf of | May 6, 2022 | Child Custody

The topic of child custody is often the most taxing topic that comes up during a divorce. Custody cases can also arise outside of a divorce or parental separation, such as in cases where the circumstances or living conditions of the parent or guardian change.

Grandparents seeking custody can obtain either guardianship or adoption, with guardianship still leaving some rights and responsibilities with the parents. What are some scenarios where grandparents may gain custody of their grandchild in Indiana?

One parent or both parents die

The tragic event of one or both parents or guardians passing away is one scenario where grandparents may end up getting custody of any minor children left behind. Often, parents name the grandparents in their will as someone to care for the children if they pass, if they believe that this is in the best interest of everyone involved.

The primary caretaker is no longer able to give care

If the primary caretaker of a child is no longer able to care for them, then handing over custody to the child’s grandparents may be an option. Some instances where a parent or guardian becomes unable to care for a child include the parent going to jail or needing to go to rehabilitation for a substance abuse problem. Even in this scenario, the grandparents may still need to show that they have a meaningful relationship with the child for whom they seek custody.

Knowing the various scenarios where grandparents may seek custody of their grandchildren can help families make better arrangements for the care of their children.