In the US each state has its own legislation regarding grandparents custody and their overall rights.Despite no provisions in the constitution, courts still grant grandparents custody of their grandchildren in certain situations. Custody and adoption laws are different from visitation and hence should be treated differently. It is very important for you as grandparents to know and understand what suits your grandchild the most. Even the courts, when they grant grandparents custody of their grandchild, takes into consideration certain important points that are in the best interests of the child. Given below are the points for your understanding.
a)The most pressing concern of any court is the emotional and physical well being of the child. Its main purpose is to ensure the overall safety and welfare of the child.
b)Before deciding upon the custody of the grandchild, courts will consider the ability of the grandparents to provide for their grandchild. It will consider whether the grandparents are well off enough to take good care of the grandchild.
c)Another key point that the courts consider is the determination of the kind of relationship that exists between the grandparents and the grandchildren.
d)In case a child has reached the age where it can make its own decisions, the courts will take the opinion of the child into consideration before deciding upon custody.
e)Lastly, courts will consider the capabilities and the actual willingness of the grandparents to provide love and affection to the grandchild.