Can parenting rights and time be awarded to grandparents either temporarily or permanently if both parents are deemed unfit?

By Laura M. Urbik Kern
August 26, 2016

That's a high threshold to first find them unfit. Yes, there's a new section in the statute that allows grandparents, stepparents, and siblings to come in and ask the court to have parenting time or, in that case, visitation because we want to distinguish it from parenting time. Those people are allowed to have visitation, and whether or not they get decision-making would depend on if the parents were both found unfit; if so, then the child would have to be adopted by someone.

With 30 years of experience in family law, Laura M. Urbik Kern is a certified mediator and family lawyer who concentrates on dissolution, family and juvenile law, child support, and complex domestic relations cases. To learn more about Laura, visit her firm's online profile or her website

Back To Top

August 26, 2016
Categories:  Children and Divorce|FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.