Are grandparents allowed to obtain legal guardianship of a grandchild in the event of the death of the child’s parents?

In California, grandparents can potentially obtain legal guardianship of a grandchild under certain circumstances. Generally, in the event of the death of both parents, the surviving grandparents may be granted guardianship under California law, provided they have continuously maintained a close and substantial relationship with the grandchild. Additionally, the court may consider the grandparents’ capability and ability to care for the child and provide for the child’s physical, emotional, and educational needs. The court will also consider if guardianship is in the best interest of the grandchild. A fact-specific analysis is required in each case to determine the best interest of the child. The grandparents have the burden of proving that guardianship is in the best interest of the grandchild. This can be established by submitting declarations from family and friends, along with evidence of relationship between the grandchild and grandparents and proof that the grandparents are financially and emotionally capable of providing for the grandchild’s needs. It is important for grandparents to consult with an experienced family law attorney to understand their rights and obligations regarding guardianship of a grandchild in the event of the death of the parents.

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Are grandparents allowed to obtain legal guardianship of a grandchild in the event of the death of the child’s parents?

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