During a divorce, there are several situations in which the court grants custody to the grandparents. However, there are various factors to consider before granting child custody. For example, if the minor is perfectly healthy and intelligent enough to make the right decision for themselves, the court will consider the child’s decision.
As a grandparent, it is evident that you must be worried about your grandchild’s mental and physical health, especially when the parents are getting a divorce. If you want to know more about your rights for child custody, click here to contact an experienced lawyer.
However, before determining the custodial rights, the court does consider some key points. Go through the below information to know more.
Points considered by the court
The most basic and essential point is to ensure that the child has a secure present and future wherever they stay. Their health, education, and other needs should be cared for well.
- Financial stability of the guardian
- The atmosphere the child will grow up in
- History of the guardian in terms of alcohol and substance abuse
- Good moral and ethical values should be taught to the child
- Character determination of the assigned guardian
- The child’s wish to stay with a particular parent or guardian
On what basis is the child custody determined
In the case of custodial rights, the priority is always given to the biological parent of the child by the court. However, if the parents fail to take care of the child’s well-being, other close relatives like grandparents, close friends, or a close family member can get the custodial rights.
Along with professional life, the court will also check the physical and mental health of the parents. Sometimes both parents are working and cannot give enough time to a child, or both the parents are suffering from mental health issues due to the divorce. In such cases, the court will grant custody to a guardian.
What happens in case of custodial disputes?
Custodial disputes are challenging and can affect the child’s mental stability. While dealing with custodial disputes, the court’s priority is the child’s well-being and welfare. So, it is not obligated by any precedents and legislations.
The definition of custodial dispute is not limited to papers, oral pieces of evidence, testimonies, or a series of required decisions. The presence of a human is the priority in a child’s life and wellness.