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Can a grandparent get custody of his or her grandchildren?

Grandparent custody is often a very emotional situation. Grandparents want to be involved in the lives of their grandchildren. And yes, in certain circumstances, they can get custody of their grandchildren. The court is going to look at a couple of things. They're going to look at whether or not the grandparent has had care, custody and control of the child for six months.

Now, that doesn't mean that they have to have exclusive care, custody and control, but it does mean as a grandparent, you need to be involved in taking care of the children, involved in the daily activities, involved in their school, actually being a person who is caring for that child in a significant way. And with the grandparents, you do have to overcome a presumption. The presumption with the courts is that the parents are always going to be the first choice. The presumption is that the parents should be involved in the child's life. So if you, as a grandparent, are seeking custody from a parent, then you'll need to overcome that presumption.