When parents are unable or unwilling to care for their children, many grandparents feel compelled to step in. While family law courts are hesitant to interfere with a parent’s right to raise their children. In extraordinary circumstances many states will grant grandparents or other third parties legal custody to ensure children get the care they need. A court order can give grandparents the authority to make important medical and educational decisions on their behalf.

A Brief Guide to Grandparent Custody

Custody

Grandparents can obtain custody of grandchildren, but only under certain circumstances such as where the children have been abandoned, abused, neglected, etc. Under New York law, this is called “extraordinary circumstances”. Such circumstances must be established before a Court will even consider awarding custody to grandparents. Simple disagreements with the way children are being raised, or with a parent's lifestyle will not suffice. This is because the Constitution, as interpreted by the United States Supreme Court, grants parents the right to raise their children as they choose, without interference from third parties or the state.

Extraordinary Circumstances

In New York, the court will only consider removing a child from their parents if the circumstances are extraordinary. As aforementioned, if parents have abandoned their children, are struggling with addiction issues, or have a mental illness that makes it impossible to meet their obligations, such circumstances can trigger an inquiry by the Court into whether a non-parent should be awarded custody. A skilled family law attorney can help determine whether your situation meets these high standards. Do not assume you can obtain custody just because, for example, a parent has a drug or alcohol problem. The problem must be impacting the children substantially, to the point of neglect.

Best Interests of the Child

Family courts must make their decisions based upon the best interests of the child, not the wishes of adults. There is no guarantee they will decide to grant custody to grandparents or any other non-parent. When making this determination, the judge will weigh a variety of factors, including the parent’s ability to care for the child, the strength of existing bonds, the child’s age, and the existing circumstances. However, before even getting to this point, extraordinary circumstances must be shown.

Family law issues are always complex, but a skilled attorney can help reduce confusion so you can achieve the best possible outcome. Thomas A. Corletta, Attorney at Law has been serving Rochester, NY, families for over 37 years, providing the individualized attention these serious matters deserve. To schedule a consultation, visit the website or call (585) 546-5072. You can also like the criminal and civil trial practice on Facebook for more advice and updates.