A court takes into consideration a number of factors before deciding to give the rights of child custody to the grandparent. The court examines situations where if the parents prove unfit to take the responsibility of the child and that if grandparents are able to take care of the child better, then in such a situation the court may give the right to the grandparent. Suppose, if the parent is leaving the child all alone in the apartment for going out to work, then in such a case the child would be considered neglected by the parent and, therefore, the court may think of other options.
There have been certain cases of violation of law by some grandparents regarding child custody and visitation. Therefore, the modifications in the existing rules have led to few restrictions regarding the grandparent having custody, but the visitation rules are the same.
When a grandparent in United States seeks child custody, they need to validate the laws as per the constitution. The family attorney here plays an important role in helping the grandparent understand the latest rules in child custody. When the attorney has got enough evidence to prove that the present custodian of the child is unfit to carry out the responsibility, or has been found to be neglectful, then in such a situation the custody can be given to the grandparent. Therefore, before proceeding to the court and filing the papers, one must check the constitutional law and the local laws regarding the latest laws that are governing related to grandparents having the custody of their grandchild.
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