How can grandparents obtain custody of their grandchild who has been abandoned by his biological parents?

It is possible in certain circumstances for grandparents to become a child’s legal guardian and to obtain physical and legal custody of a child. As a general matter, though, grandparents rights are subordinate to parental rights. This means that in order for grandparents to get custody of a child, the biological parents must either agree to the custody arrangement or there must be a compelling reason why it is best for the child to live with his grandparents instead of his parents.

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Can non-biological parents be awarded custody?

Child custody court hearings involving non-biological parents, such as step parents, can sometimes get complex. A biological parent will almost always have superior rights to child custody. However, there are certain situations where a biological parent can be given custody rights by the court, even over the objections of the biological father or mother.

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Stepparent Child Visitation Rights

Custody battles are often ugly between divorcing biological parents, but when a biological parent and a stepparent get divorced, does the stepparent have a legal right to child visitation? The answer to that question depends largely on the state in which the parents reside, but in general, stepparents seeking child visitation rights have an uphill climb if the biological parent is still living and does not wish for the stepparent to have child visitation.

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How to Get Child Visitation: For Grandparents

As a grandparent, it is natural to wish to be in the life of your grandchildren. Unfortunately, sometimes this becomes a difficult issue if you are being denied the right to visit. You can sometimes compel visitation by petitioning the family court in your state, but the rules for granting such a petition vary. If you wish to file a lawsuit to compel visitation, you may want to consult an attorney experienced in family law issues.

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How to Get Non-Parent Custody of a Child

Non-parent custody of children is granted only under very specific circumstances and through proper procedures through the courts. To get custody of a child that is not your own, you must show some detriment to the child if she were not to be placed in your custody.

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Grandparent Rights & Grandparent Visitation

Grandparents may be able to petition the court for visitation rights, but there are some restrictions on their ability to do so. Most states have enacted statutes which provide for visitation by grandparents in cases of a family break-up.

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