Can Grandparents Gain Custody if The Children Are in A Bad Environment?

Patricia H. Warnock, Esq.
Can Grandparents Gain Custody if the Children are in a Bad Environment?

It is a difficult thing to learn that your grandchildren are living in a bad environment. You have high hopes that your own child will be able to provide your grandchildren with an environment that meets their needs and helps them thrive. Unfortunately, there are situations where parents do not have the capacity to provide their children with the things they need. If you are concerned about the welfare of your grandchildren, you may be looking into the options of getting them out of the bad environment.

Can Grandparents Gain Custody if Children Are in A Bad Environment?

When Grandparents gain custody of their grandchildren is called a guardianship in the state of Nevada. Removing custody rights from a parent is a last resort that the courts try and avoid if at all possible. The goal is always to keep families together. When that’s not possible, the court will always try to restore families that had to be separated for a time. That being said, in some situations grandparents can be granted guardianship of their grandchildren.

What Factors Make a Grandparent Guardianship Likely?

As mentioned above, the situation usually has to be severe for the courts to grant grandparents guardianship. The well-being of the child is always the primary concern. If your grandchildren are in an environment where they do not have the basics like access to medical care, food, shelter, utilities – then the courts might consider a guardianship. In a situation where your grandkids live in a home with drug use or physical abuse, you should contact Child Protective Services (C.P.S.). If you have concerns about the physical safety of your grandchildren then you may be able to obtain guardianship.

How Do Grandparents Seek out Guardianship?

If your grandchildren are in an unsafe environment you need to make it a priority to get them help. You may have to bring in child protective services to get them out of that environment as soon as possible. If child protective services determine that the environment is bad, it will help you in your efforts to gain a guardianship. You should also consider hiring a family law attorney to help you with the process of obtaining guardianship. The legal system can be confusing and intimidating. A family law attorney will be in your corner throughout the process. They will help you take the right steps to make a guardianship more likely.

No one wants to find themselves in a situation where they have to consider getting a guardianship of their grandchildren. However, it is a reality that some parents cannot provide their children with their basic needs. All children deserve to stay safe, healthy, and protected. If you are a grandparent who is concerned about the welfare of your grandchildren, reach out to Warnock Family Law to schedule a consultation and discuss your options.