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Back to Family Law Attorneys Home | Grandparents Rights

Grandparents Rights

According to the Family Law Act, children have a right of contact, on a regular basis, with both their parents and with other people significant to their care, welfare and development.  Under this law, grandparents may qualify as people significant to the care of the child.  

 

If the situation permits, grandparents may seek an order to have their grandchildren live with them.  In these types of instances, the childs parents are usually found unfit or negligent by the courts.  Before the court will allow the child to live with their grandparents, the court must consider several factors to make sure the childs best interests are protected.  These factors may include:

 

  • The childs wishes (if the child is above a certain age, usually 12 years in most jurisdictions).
  • The nature of the childs relationship with their parents and their grandparents.
  • The protection of the child from physical and psychological harm.
  • The grandparents income compared to the living expenses of child.
  • The grandparents age and health situation. 
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