.webp)
.png)
The topic of grandparent custody rights has come up before on our blog, but we haven’t dove too deeply into this matter so far. Grandparents often play a critical role in the developmental process for children, and so many grandparents naturally wonder about their rights with respect to grandchildren. Grandparents may acquire full parental custody of grandchildren, but only in certain very limited circumstances. Basically, to acquire custody, grandparents need to show that the parents are unfit to properly rear the children, and that turning custody to the grandparents is in the “best interests of the child.” Needless to say, showing these things isn’t easy, and one reason is because there is a standing presumption in favor of custody going to the parents.
In Burak v. Burak (2016), an uncommon example occurred of paternal grandparents being given full custody, and also receiving child support from the parents. Let’s take a closer look at the case.
Case Summary
The couple in this case married in 2006 and had a son in 2008. The home environment, essentially from the beginning of the child’s life, was characterized by considerable chaos and instability. For a time, the parents engaged in a polyamorous relationship with another woman, and the threesome would often abuse illegal drugs in the home. The paternal grandparents played a substantial role in bringing up the child from a very early stage. The grandparents would often take the child to doctor’s appointments, dentist’s appointments, extracurricular activities, and so forth. When the couple eventually divorced, the grandparents petitioned and successfully obtained full custody of the child. However, this was after the court had initially given primary custody to the mother. After the mother received custody, her home life became unstable, and ultimately the court determined that giving custody to the paternal grandparents was in the best interests of the child. Furthermore, the court also developed a child support order whereby the parents made support payments to the grandparents.
Outcome & Discussion
In general, grandparents shouldn’t expect a similar outcome as the one in Burak v. Burak, simply because the presumption in favor of parents tends to be fairly strong. The Burak case stands as evidence of the relatively high hurdle which must be met when grandparents seek custody. In this case, the behavior of the parents was particularly problematic, and so this made the decision-making process a bit easier for the court. The court was able to easily determine that giving custody to the grandparents was the best course of action for the child. As mentioned, the grandparents had consistently shown a positive influence in the child’s life, and that helped the decision. Although the wife complained that her share of the child support was excessively high, the court rejected this argument by saying that her share matched the state guidelines.
Contact the Murphy Law Firm for More Information
If you would like to learn more, or if you have a new query, don’t hesitate to reach out to one of the leading family law attorneys at the Murphy Law Firm today by calling 240-219-8901.
.png)
.png)
.png)
.png)
.png)
