Grandparents and child custody

Over the past few months I have been involved in several of these cases. As with any case involving children's custody, the best interest of the child controls and is the central issue. While parents have a constitutionally protected superior right to raise their child, that right is not absolute. If there is proven drug use in the parent's home or clear evidence of abuse or negligence, those elements may rise to the level of dependency and neglect and then the parents' rights may be overcome by what is best for the safety and well being of the child. If staying in the parent's home produces a risk of immediate and irreparable harm to the child, the court may act to protect the child.