Is joint legal custody of grandchildren allowed in all states?
No, joint legal custody of grandchildren is not allowed in all states. Each state has its own laws governing grandparents rights, and some states do not recognize grandparents’ rights at all. In New York, joint legal custody of grandchildren is allowed in limited circumstances. Specifically, a grandparent may seek custodial rights if they are able to show that a parent is unfit, the child’s best interests would be served by having the grandparent as a custodian, or if the grandparent has acted as a custodian for the child for a period of at least six months. Generally, it is difficult for grandparents to gain legal custody of grandchildren without the consent of both parents. However, in certain cases, such as if the child is in state custody or if the parent is deceased, joint legal custody may be allowed. Ultimately, it is important for grandparents to research their state’s grandparents’ rights law to understand the specific requirements for gaining joint legal custody of grandchildren.
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