Dear Atty. Shalie,

My son has a daughter with his former girlfriend. Shortly after the birth of our grandchild, my son and his partner separated. The child has been in the custody of the mother since the separation. She also does not want my son or even us, his parents, to visit our grandchild.

Since the mother is quite young, unemployed, and actually cannot properly provide for their upkeep, we believe that the baby is the one most affected by the issues between her parents.

We heard that the child is now undernourished and saw a photo where she looks so small, thin and sickly. My son is too proud to even talk with his ex-partner.

While we do not wish to meddle on the matter, we worry about our grandchild. We would like to know how we could intervene, if only to make sure that our grandchild does not suffer unnecessarily because of her parents.

Olivia

Dear Olivia,

Under existing law, parents have the right to the custody of their children. One exception to the rule could be if a parent is deemed unfit or has abandoned their parental responsibilities, in which custody may be transferred to a grandparent or other relative, if it is in the best interest of the child.

Noteworthy, however, is the fact that the law does not provide for an automatic right of grandparents to the custody of their grandchildren. In the absence of any extraordinary circumstances, custody will generally remain with the parents.

While this is so, grandparents may still be granted visitation rights under the Family Code, as it recognizes that a child has the right to maintain regular contact with his or her grandparents, again considering the best interest of the child as the primary consideration in granting visitation or any other rights.

Grandparents seeking custody or visitation rights, will need to file a petition in court, which will evaluate the merits of the case based on various factors, such as the child's age, health, and other needs and welfare and the ability of the grandparents to provide for the child's needs, including physical, emotional and social needs.