If a parent gives up custody to grandparents, who has legal custody?
Jan Meriss Alfonso Assistant at Ascent Law LLC If a parent gives up custody to a grandparent, who has legal custody? This is an interesting question, because it's not entirely clear what "legal custody" means. Legal Custody Legal custody is reserved for when a child's parents divorce and the court determines that one parent must be primarily responsible for making decisions related to the child's health, safety, and well-being. In cases where parents are separated but not divorced, parents have joint legal custody. The issue here is that you're asking if grandparents can have legal custody of their grandchildren if the parents are still living. When a parent has given up custody to the grandparents, technically the parent still has custodial rights over their children. Judicial Decision Making It would be possible for a judge to grant legal custody to the grandparents (for instance, if there was a case of abuse or neglect by the parents). But in most cases j...