Can grandparents assume parental responsibility over grandchild?

Columnist

Who between the grandmother and biological parents has the custody rights over child who is not a minor?

Dear Reader,

To place the grandmother in this conversation we visit the preliminary pages of the Children’s Act where a parent is defined as mother, or father of a child and includes any person who is liable by law to maintain a child or is entitled to their custody. At this point the law distantly anticipates the role of another person other than the biological parents of a child. In this context the law opens up the concept of delegated powers, which require court affirmation. Further, at Section 82 (1) of the Children’s Act, it is given that a court may, on the application of one or more qualified persons make an order vesting the custody of a child in the applicant or, as the case may be, in one or more of the applicants. Such applicants may include, according to Section 82 (3), a parent, guardian and any other person who applies with the consent of a parent or guardian of a child and has had actual custody of the child for three months preceding the making of the application; or any person who, while not falling within paragraph (a), (b) or (c), can show cause, having regard to section 83, why an order should be made awarding that person custody of the child.

Can grandparents assume parental responsibility over grandchild?

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