Can a grandparent be awarded custody if there are concerns about the health and safety of their grandchild?
In Washington, it is possible for a grandparent to be awarded custody of their grandchild if there are concerns about their health and safety. Grandparents have the right to petition for custody under the state’s Grandparents Rights Law. In order for the court to grant visitation, however, the grandparent must prove to the court that it is in the best interest of the child. Generally, a grandparent must show the court evidence of abuse, neglect, abandonment, or substantial risk of harm to the minor from the parent or other relative with whom the child resides. The court will also consider other factors such as the child’s own wishes, the grandparent’s ability to provide a safe and secure environment, the grandparent’s relationship with the child, and the potential impact on the child of awarding custody to the grandparent. The grandparent must also demonstrate that they have maintained regular contact and been involved with the upbringing of the child. If the court finds that the grandparent is able to provide a safe and secure environment, and that the child’s best interest would be served by placing them with the grandparent, then the court may award custody to the grandparent. The court’s decision will be based on several factors, including the child’s safety and welfare, the grandparent’s ability to care for the child, and the best interests of the child.
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