Ordinary Cases

• Under ordinary rules, grandparents generally have no recognized right to custody of their grandchildren, as the law does not recognize them as appropriate parties to seek custody, in spite of the familial and emotional connection. Absent a statute specifically granting such a right, grandparents will not be able to seek custody in ordinary cases.
  
  

Emergencies and Guardianship

• Though grandparents have no right to seek custody in ordinary cases, they do in extraordinary instances. An example would be an emergency, such as the death of one of the child's parents. But this custody right is meant to be temporary and would last only until the other parent is available to take custody again. Another way a grandparent may seek custody is if he or she is the child's legal guardian. In most instances, legal guardians have the right to seek custody of a child. Any grandparent interested in custody should investigate the situations in which he or she can be appointed the child's guardian.
  
  

Best Interests of the Child

• Should a grandparent assert a right to seek custody of a child, the court will still consider whether it is in the child's best interests. Anybody intending to seek custody, grandparent or otherwise, would be well advised to educate themselves on the factors the court will use to determine the child's best interests.
  
  

Custody Rights

• Even in instances where a grandparent manages to win custody of a grandchild, it is important to know what the custody rights are. There are two types of custody: legal custody and physical custody. Legal custody simply refers to the right to make major decisions regarding the child's welfare, such as medical treatment, school enrollment, religious instruction and extracurricular activities. Physical custody refers to the day-to-day placement of the child. A court granting custody has the power to grant either type of custody solely to the grandparent, or jointly between the grandparent and another party, such as a parent.
  
  

Visitation

• Absent a right to custody, a grandparent may still be able to ask the court for visitation with the child. To do so requires the grandparent to establish that the child's parents are separated, divorced or planning a separation or divorce, or that the grandparent's child -- the mother or father of the grandchild -- has died and that denying grandparent visitation creates a substantial risk of harm to the child. Unfortunately, grandparents' right to seek visitation is limited by the great weight the law places on the decisions of fit parents. If the parents don't want to allow visitation, then visitation probably won't happen.
  
  

Caution

• Laws vary from state to state. Anyone contemplating seeking custody of a grandchild should consult a lawyer.