A Grandparent’s Right To Custody

grandparent's rightsQuestion:

My 3-year-old grandson has lived with me for the majority of his life because his mother (my daughter) is homeless and his father has not been in the picture.

Now, his dad has reappeared and says he wants custody. What rights does he have as the child’s father? Do I have any rights since I have served as the child’s guardian his entire life?


While I am not licensed to practice in your state and cannot give you legal advice, I can provide some general observations on this issue based on the jurisdiction where I practice.

Generally speaking, parents have a constitutional right to be free of interference in the raising of their children. However, when parents abdicate that responsibility, they can be found to have waived that right.

The goal is nearly always for reunification of the children and at least one of the parents. If a parent has not taken responsibility in the past for raising his or her child, but seeks to take responsibility and makes good-faith efforts to do so, then a court may place the child with the natural parent even if a grandparent has raised the child for much of his or her life.

I encourage you to seek out an attorney licensed in your state to find out more about your rights and the process for fighting for custody of your grandson.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

3 comments on “A Grandparent’s Right To Custody

    I lost my parental rights . Anyways it stats that I have no say so in my son’s medical or his schooling needs . What I’m asking is if I see my son I’m I or the father of my son breaking the law if I do see my son ?

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