Can a grandparent get custody if the parent of the grandchild has died?

The answer to the question of whether a grandparent can get custody of a grandchild in New York if the grandchild’s parent has died is, it depends. Though the state of New York does not have a grandparent rights law, there are certain circumstances in which a grandparent can pursue custody. The first option is for a grandparent to apply for guardianship of the grandchild. This is most likely the route to take if the grandchild’s parents did not have a will or if the parent’s will did not name a guardian. In order to be eligible for guardianship, the grandparent must prove to the court that they are the child’s best interests. The second option is to pursue adoption, which can be done with the consent or agreement of the grandchild’s other surviving parent. If the surviving parent does not consent to the adoption, the grandparent must prove to the court that adoption is in the grandchild’s best interests. The third option is for a grandparent to pursue custody through a third-party custody petition. This is the most difficult option, as the grandparent must show the court that it is in the child’s best interests to be with them, rather than the surviving parent or any other person. No matter which option a grandparent pursues, they must understand that the court will make its decision based on what is in the child’s best interests. Ultimately, the decision rests with the court, and it is important for a grandparent to consider the specific circumstances of their case before making any decisions.

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Can a grandparent get custody if the parent of the grandchild has died?

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