Grandparents may seek custody of their grandchild for several reasons. The court will usually consider two doctrines when making the decision as to the child’s custody. The first consideration is the best interest of the child. The court will consider numerous factors when deciding what is in the best interest of the child. Each state may vary on what factors to consider. The second consideration is parental rights, which presumes the parents to be in the best interest of the child. The key word is presume, which means grandparents have the opportunity to overcome that presumption by demonstrating the parent/parents to be unfit.
Should you hire a lawyer? If you are in a custody battle, having a lawyer who specializes in child custody cases is important. Custody battles are extremely important and a lawyer can make a difference. There are several benefits in having a lawyer. First, a lawyer can make the experience less stressful. Second, the lawyer can help you decide if you should try to fight for custody or if you have no case. When deciding on a lawyer, make sure you feel comfortable talking with that lawyer. You need to be able to tell your lawyer important facts that could help or hurt your case. The lawyer then decides the best way to handle those facts.