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

In West Virginia, a grandparent can get custody of a grandchild if the parent has died. This is known as grandparent’s rights. West Virginia has an expansive Grandparent’s Rights Act that addresses the rights of a grandparent when the parent of the grandchild has died. Grandparents must first seek court-ordered guardianship of their grandchild after a parent’s death. To be eligible for this guardianship, the grandparent must show the court that the circumstances are such that it is in the best interest of the child that the grandparent take over the care and protection of the grandchild. The court will take into consideration several factors when considering granting guardianship to a grandparent. These include the health, safety, and welfare of the child; the emotional and physical needs of the child; the fitness of the grandparent; and the wishes of the deceased parent. The court will also consider any ties the grandparent has to the child’s other living relatives, including the child’s siblings, aunts, and uncles. The court may order a grandparent to become the guardian of the grandchild if, after considering these factors, it finds that it is in the best interest of the grandchild for the grandparent to receive guardianship. While gaining guardianship of a grandchild can be a lengthy and complicated process, it can open the door to a meaningful and loving grandparent-child relationship.

Related FAQs

Are grandparents allowed to obtain legal guardianship of a grandchild in the event of the death of the child’s parents?
What are the legal procedures for changing a grandparent’s name on their grandchild’s birth certificate?
Are grandparents allowed to request supervised visitation with their grandchild?
Does a parent have the right to deny grandparent visitation?
Does a grandparent have the right to legal guardianship of a grandchild?
What is the “best interest of the child” standard?
Does a grandparent have the right to object to the adoption of their grandchild?
Is it possible for a grandparent to get visitation rights even if the custodial parent objects?
Do grandparents have the same rights as parents when it comes to making medical decisions for their grandchild?
What is the difference between joint legal custody and joint physical custody?

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

Related FAQs

Related Blog Posts