Every state in the US has laws that protect grandparents rights to visitation, custody and adoption. There have been instances when the courts have given the custody of the grandchildren to the grandparents even though there is no provision in the constitution that guarantees grandparents rights. These instances are rare and are exceptions to the rule. For instance, if the biological mother is a minor and it is proved in the court that the grandparents are the primary care providers for the child, then the court may grand grandparents custody of the child.
For the courts the primary concern is to determine what is in the best interests of the child. The courts follow a few guidelines in determining this. Let us understand what these are.
a) Every court is concerned with the physical and emotional well being of the child along with safety and the overall health.
b) In the event of grandparents custody, the courts determine whether the grandparents have the means to take care of their grandchild.
c) It takes into account the wishes of the child if it has reached the age where it can take decisions.
d) Determine what kind of relationship is enjoyed by the child and the grandparents.
e) Finally, the court will take into consideration the willingness of the grandparents to provide love and care that is very much essential for the child’s development.
