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When Can Grandparents Take Custody Of A Child?

When can grandparents take custody of a child? A nonparent can be awarded custody of a minor child if the court makes a finding of parental unsuitability. Parental unsuitability can be determined if the “parent abandoned the child; contractually relinquished custody of the child; that the parent has become totally incapable of supporting or caring for the child; or that an award of custody to the parent would be detrimental to the child.” Parents who are suitable persons have a paramount right to the custody of their minor children.


In other words, parents have a right to care for and raise their children. In order to infringe on that right, someone must first demonstrate that the parent is unsuitable, commonly known as unfit parents. A typical case of parental unsuitability is when the parents leave the children with the grandparents and disappear for a long period of time. In such an instance, the grandparent will likely be able to prove parental unsuitability and may be able to obtain custody of the children.


To read more about grandparents’ rights, click on any of these other articles from my website: getting custody of your children back from grandparents in Ohio, and when Ohio children services takes children from grandparents.  Click on the following to read more about Attorney Gigiano’s success in representing grandparents in Ohio: Court of Appeals rules grandparents have rights, In re A.P. in the Ninth District Court of Appeals, and Attorney Gigiano’s victory over definition of legal custodian turns case on its head.


Attorney Gigiano’s office is located in Wadsworth, Medina County, Ohio, and he practices family law in Medina County, Wayne County, Summit County, Holmes County and Cuyahoga County. If you have questions about this or other questions you need answered by an experienced Wadsworth family law lawyer in Medina County or a Cuyahoga County child custody attorney near Doylestown, Ohio, please call Attorney Daniel F. Gigiano at 330-336-3330. Attorney Gigiano has litigated grandparents’ rights cases in Summit County Domestic Relations Court, Wayne County Juvenile Court, and Medina County Juvenile Court. As an experienced Summit County Child Custody Attorney near Barberton and Wooster Child Custody Attorney near Orrville, Attorney Gigiano has also successfully won custody battles for aunts and uncles against unsuitable parents (unfit parents), as well as successfully defended parents against allegations of unsuitability. His hard work resulted in numerous positive reviews of Daniel Gigiano in numerous websites, and several articles and links attesting to his hard work.