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In what situations do the grandparents get custody?

Grandparents in Indiana like you and your spouse may be stuck in a situation that has left you wondering whether or not it would be possible for you to gain legal custody of your grandchild. While this task can certainly be more difficult than parents fighting for custody, that doesn't mean you have no chance at all of gaining custodial rights.

The Law Dictionary featuring Black's Law Dictionary states that grandparent rights can differ from state to state, but that in almost every case, it is possible for you to wage a custodial battle for child custody rights. As in any other custody case, the bottom line that courts follow is whether or not living with you will be in the child's ultimate best interest. This means that to win custody, you must show that you are an even better choice than the child's own parents, which is why this situation can be tricky.

Generally speaking, both the opinion of the parents will still be taken into consideration. The opinion of the child might be as well, if they are old enough. You must prove that you can provide a better living environment and potential future opportunities, and on top of that, you'll need to show you can care for any special or additional needs the child may have. Signs of drug addiction, neglect, or abuse from the parents you're fighting against will be considered as well, but may not be enough on its own for you to win custody.

In essence, while it's possible for you to gain custody of your grandchild, you may wish to prepare for a sruggle. You will be working against the parents of your grandchild, and the court case's length and difficulty will likely show that.

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  • My husband and I have a 12 year old grandson whose academics and social needs were being neglected. We turned to Schembs Law & Associates to help preserve our grandsons rights. With Schembs & Associates leadership and guidanceā€¦ Grandparent Rights
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Robert Schembs
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