Who Pays Child Support If Grandparents Have Custody?
Jun 9
/
Jenifer Marks, Esq.
Who Pays Child Support If Grandparents Have Custody?
In most cases, parents have the primary legal right to seek custody of their children. However, when a court determines that grandparents should have custody, the grandparents may be able to request child support from one or both parents.
Learn about custody agreements (even in grandparent rights cases) in this free class!
Child Support From Mom, Dad, or Both?
Grandparents who step in to raise a grandchild should not have to bear the entire financial burden alone. In many grandparent custody cases, courts recognize that parents remain financially responsible for supporting their children, even when the children are living with someone else.
When grandparents obtain legal custody or guardianship, they may have the right to seek child support from one or both parents to help provide for the child's basic needs, including housing, food, clothing, education, and medical care.
Depending on the circumstances, child support may be ordered from:
The mother, if she has a legal obligation to support the child, even if she is unemployed or struggling with addiction, or other mental health issues.
The father, if he is the child's legal parent, even if he is unemployed, struggling with addiction, or facing other mental health challenges.
A parent's decision to move away, remarry, or start a new family does not eliminate their duty to support their child.
Learn about custody agreements (even in grandparent rights cases) in this free class!
If Parental Rights Have Been Terminated, and Grandparents Have Custody, Who Pays Child Support?
If grandparents have legal custody of a minor child and one or both parents' parental rights have been legally terminated, the grandparents generally cannot obtain child support from those parents. Termination of parental rights typically ends both the parent's legal rights and legal obligations to the child, including future child support obligations.
Because the laws governing termination of parental rights vary by state, grandparents should review the specific laws in their jurisdiction before assuming child support is unavailable.
Learn about custody agreements (even in grandparent rights cases) in this free class!
How Do Grandparents Get Child Support If They Have Custody of the Children?
To seek child support, grandparents generally must first establish legal standing by obtaining a court order granting custody or guardianship of the child.
Once grandparents have legal standing, they can ask the family court or child support agency to establish a child support order against one or both parents. The court will typically review each parent's income, financial resources, and other relevant factors when determining the appropriate amount of support.
Are the Laws the Same in Every State Regarding Child Support for Grandparents Who Have Custody?
No. Child support laws vary significantly from state to state. Some states have statutes that specifically address grandparents with custody, while others rely on broader family law principles.
The process for obtaining grandparent custody, guardianship, and child support may differ depending on where you live. For that reason, grandparents raising grandchildren should review the laws in their state or consult a qualified attorney regarding their specific situation.
If you are learning about custody arrangements, parenting plans, residential schedules, holidays, vacations, and other common family law issues, Parenting Plan 101 offers free educational resources designed to help families better understand the child custody process and reduce future conflict.
Learn about custody agreements (even in grandparent rights cases) in this free class!
