ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Grandparents and Stepparents

May courts award grandparents custody of their grandchildren?

Yes, but usually only if neither parent wants the children or if the parents are unfit. Courts examine such factors as the grandparents' age, health, and ability to care for the children. Courts will not deny grandparents custody because of their age, as long as they are healthy.

Some custody disputes between grandparents and parents arise when the grandparents have been raising their grandchildren for a considerable length of time under an informal arrangement. The grandparents may have become the "psychological parents" of the grandchildren by the time the parent or parents seek to regain custody. In this circumstance, courts in many states will allow the grandparents to retain custody, even if the parents are fit.