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If you want to apply for custody of your grandchild, you need to know this information.

Having lived with grandparents since birth is not sufficient justification, in legal terms, for them to be entitled to custody of their grandchildren. In this sense, it is important to know the possibilities of custody request for grandparents not to make any mistakes in your legal process.

See too: Did you know that it is possible for grandchildren to receive the death pension?

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Reasons why grandparents have custody of their grandchildren

For grandparents to be able to request custody of their grandchildren, there are some conditions to ensure the best interests of the child and adolescent. Are they:

  • Child maltreatment by parents;
  • Sexual abuse suffered by the child;
  • Death of parents;
  • Insufficient financial conditions to take care of the child by the parents;
  • Parental neglect of the child's basic needs;
  • When any other child's right is disrespected.

However, going through one of these situations is not enough to guarantee custody to the grandparents, they only open up the possibility that this will happen. In this way, the process can be opened and the judgment will be made through legal means to define what is best for the child or adolescent.

Types of Custody for Grandparents

When it is proven that the children were injured, the parents' power over them may change. Therefore, it can be suspended, lost or extinguished. In the case of suspension, it is something temporary, a period in which parents lose this right. With regard to loss, it is applied in more serious situations, so the parents lose family power over the child, but the situation can still be reversed. Unlike loss, extinction is definitive and applied when the child reaches the age of majority or is emancipated.

In view of the above, it is clear that in some situations, even if the grandparents have custody of the child, the parents may still have participation and influence in the child's life. In addition, it is possible that joint custody will be granted to the grandparents. In this case, they act in an equal and shared way with the parents in raising the child.

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