Section 16.5 of the Divorce Act allows “a person other than a spouse,” which would include a grandparent, to seek a contact order for time, in person or otherwise, with grandchildren. Unlike the CLRA, a grandparent using the Divorce Act to apply for a contact order must first seek leave of the court to make that application, so the process.. If there is no surviving parents, grandparents or family members can petition for custody of the child. Some parents may have named a grandparent or other relative in their will as the person who should get custody of their child. If the parents don’t name a legal guardian, the grandparents can petition the court for custody.
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The child’s parents consent to grandparent custody. The child has lived with a grandparent or grandparents for a year or more. In all child custody cases, courts attempt to determine what custody arrangement is best for the child. The court may consider the child’s degree of contact with a grandparent before the custody petition is filed, the.. Death of a Parent. The most straightforward reasons grandparents can file for custody of grandchild/grandchildren involve the death or incapacitation of a parent. Oftentimes, parents will name a grandparent as a child’s guardian in the event that both parents pass away. If one parent remains living, custody will likely go to the surviving parent.
