LEGAL ASPECTS OF BUSINESS

ASSIGNMENT-3

“A RESEARCH ANALYSIS ON CHILD

CUSTODY AND THE INVOLVEMENT OF
GRANDPARENTS”

SUBMITTED BY:
MEGHNA KUMAR
(22021141065)
ABSTRACT:
Child custody is a complex issue that is affected by various factors, including the
involvement of grandparents. Grandparents play an important role in the lives of children
and often become involved in child custody disputes. This literature review aims to explore
the involvement of grandparents in child custody cases and examine the impact it has on
children, parents, and grandparents. The review will analyze the legal and psychological
perspectives of the issue and evaluate the existing research on the topic. The review will
also identify the challenges faced by grandparents in the custody process and discuss the
potential benefits of their involvement. The goal of this literature review is to provide
insight into the current state of knowledge on child custody and the role of grandparents,
and to suggest directions for future research in this area. Drawing from scholarly articles,
case law, and policy documents, the purpose of this literature study is to provide a summary
of the most important debates and legal provisions pertaining to this subject.

INTRODUCTION:
The legal relationship that exists between a parent and their child is referred to as "child custody,"
and the word "child custody" is used interchangeably. The parent's rights and obligations in terms of
the child's care and upbringing are established as a result of this relationship with the child. In the
event that a couple decides to end their marriage through divorce or legal separation, the court may
give custody of the kid to either one of the parents, both of the parents, or even a third person such
as the child's grandmother. They have the ability to play a significant role in the lives of their
grandchildren, and they have the legal right to pursue custody or visiting rights if they believe that
doing so is in the child's best interest. Grandparents have the ability to play a significant role in the
lives of their grandchildren, and they have the legal right to pursue custody or visiting rights. The
manner in which grandparents are involved in disagreements over child custody is not standardized
and is subject to the rules of individual states, which can vary from one location to another. This
means that the way in which grandparents are involved can be very different depending on where
you live.

METHODOLOGY:
The method of collecting secondary data has been utilized throughout the entirety of this project.
The findings and analyses presented in these publications are of a qualitative and quantitative
nature respectively, and they provide data responses from a more extensive pool. Secondary data
can provide a comprehensive understanding of the topic being studied by exploring existing research
on child custody and the role of grandparents.
Literature Review:
1. Malaysian law on child custody, which is important for divorcing parents, emphasises that the
court's decision about custody should be based on the child's welfare and best interests. An aunt, an
uncle, a stepfather, a grandmother, a foster parent, and/or a stepparent are examples of other
significant people who occasionally contribute significantly to a child's life in addition to the parents.
In order to explore child custody disputes, this article looks into the conditions under which a
Malaysian court grants a non-parent the right to custody of a child. To analyse this element from the
standpoint of both civil and Islamic law, comparative legal research approach is used. The study's
conclusions make a number of detailed policies and principles that the courts might use to grant
rights to non-parent carers who have been instrumental in raising children without their original
parents.

(Randawar, D. K., & Kamarudin, A. 2021)

2. Some of the typical suitable third-party custodians are immediate family members, such as
grandparents, aunts, uncles, or elder siblings. By analysing the circumstances under which a
Malaysian court grants a non-parent the right to custody of a child, this article investigates child
custody issues. This article will look at a number of cases and legislative issues.. The research
presented in this paper makes several thorough policy and procedural recommendations that can
help the courts grant legal status to non-parental carers who contributed significantly to raising the
children when the biological parent was absent.
(Randawar, D. K., & Jayabalan, S. 2019)

3. Courts typically follow the principle of "the best interests of the child" when making custody
judgments. However, they disagree on the extent to which children suffer at different phases of
growth and development. The majority of specialists agree that children suffer from a broken family
situation. What exactly is in a child's best interests is not always agreed upon. Grandparents may be
crucial throughout a child's whole life cycle, according to recent research. Grandparents' legal status
in regards to custody disputes is still unclear. Recent legislation has made it possible for
grandparents to request visitation. This shows that the court is aware that grandparents and
grandparenting may be important in achieving the best interests of the child.
(Blau, T. H. 1984)

4. The topics covered include continuity and quality of attachments, preference, parental alienation,
special needs of children, education, gender issues, sibling relationships, parents' physical and
mental health, work schedules, finances, parenting and discipline styles, conflict resolution, social
support systems, cultural and racial issues, ethics and values, and religion. In addition, specific
concerns that affect custody determinations are discussed, such as the rights of grandparents,
homosexual parents, and children in custody disputes.
(Herman, S. P., & Bernet, W. 1997)

5. Grandparenthood takes up a sizable portion of the life cycle and has a big impact on parenting..
We examine parenting practices and how they relate to new developments in attachment theory,
which may shed light on processes of intergenerational transfer. Grandparents functioning as
custodial parents and the loss of grandparent-grandchild interaction in situations of parental
separation or divorce or death of a parent are two linked topics that are particularly stressful for
grandparent responsibilities. The legal visitation rights of grandparents in the United States and the
United Kingdom are outlined, as well as how mediation can be used to make up for lost contact
between grandparents and their grandchildren.

(Drew, L. M., Richard, M. H., & Smith, P. K. 1998)

6. Families that are referred for evaluations of child custody have high incidence of domestic
violence. Domestic abuse is typically overlooked as an important element in custody-visitation
decisions, according to previous studies, or goes unreported in custody cases. A previous study
found that violence frequently persists or worsens after separation, with negative consequences for
both victims and children. However, little is known about the opinions, backgrounds, familiarity with
domestic violence, and other aspects of child custody evaluations that can influence their
recommendations for parenting time and visitation schedules.
(Daniel G. Saunders, Ph.D., Kathleen C. Faller, Ph.D., Richard M. Tolman, Ph.D. June 2012)

7. Actions involving third parties' custody are more formal and frequently involve a lot of court time.
Here, a biological parent may choose to freely or involuntarily place their child, typically on a long-
term basis, with a third party. While the biological parents' rights are not terminated in this scenario,
many of those rights are transferred to someone else and are still in force and binding unless an
agreement by all parties results in a court order changing the previous order or a court order is
entered after a court case changing the previous custody arrangement.
(Debele, Gary A. 2007)

8. In families and the larger community, grandparents hold a special place. When parents are unable
or unwilling to care for their children, they act as babysitters, repositories of tradition, or as parent
surrogates. Despite the advantages of grandparent care, many state adoption legislation do not
mandate preference for or notice of grandparents in custody disputes. Grandparents frequently find
themselves at a disadvantage when battling with foster parents or state representatives who want
to place the kid in foster care because of this imbalance in the legal system.
Michelle Ognibenet,

9. According to family type—traditional two-parent families, shared custody families, or households

with just one biological parent—the results show noteworthy findings (specifying between father or
mother). Finally, the study examines and evaluates the implications of the pertinent findings relating
to the grandparents' sex, lineage, and health, the adolescent's age, as well as the conclusion that
adolescents from households with only the father as a reference figure had a stronger impact of
grandparent affection. This study promotes the importance of grandparents during adolescence,
which is particularly important for boys and girls who live in families where the father is the only
parent.(Ramos, P., Moreno, C., Luna, S., & Rivera, F. (2021)

10. The current study highlights that, under our law, the formation of specified responsibilities and
rights for the non-custodial parent is a requirement that, sadly, is not being met despite the Reform
of Law No. 20,680. The courts must use the childhood's statutory regulation to establish the non-
custodial parent's capacities and duties, concretizing them through the direct relationship and
regulation. (Lehmann)

ANALYSIS:
A literature review on child custody and the involvement of grandparents reveals a growing trend in
the recognition of the important role grandparents play in the lives of children, particularly in the
aftermath of family separation. This trend is evident in the fact that there is a growing trend in the
recognition of the importance of the role that grandparents play in the lives of children. This review
covers a variety of studies and publications that investigate the legal, psychological, and social
elements of grandparental engagement in child custody battles and its impact on the well-being of
children.

An analysis of the law indicates that grandparents have the legal right to seek custody of their
grandchildren under certain conditions, such as the passing away of a parent or the inability of the
biological parents to provide proper care for the kid. However, the major concern of the court is
always what is in the child's best interests, and the grandparent must demonstrate that their
involvement is in the child's best interests in order to have their involvement approved. The court
has the discretion to decide whether or not to provide grandparents visitation or shared custody of a
child in certain circumstances.Studies in the field of psychology indicate that the involvement of
grandparents in the lives of their grandchildren is highly beneficial for the children involved.
Grandparents can offer their grandchildren a sense of consistency as well as emotional support,
which can be especially helpful during times of crisis or when families are separated. Grandparents
are often in a position to play a significant part in the continuation of family bonds as well as the
transmission of cultural and familial values to subsequent generations.

The importance of grandparental involvement in child custody disputes has been highlighted by
research from the field of sociology. This research also demonstrates how grandparental
involvement can help to mitigate the negative effects of family discord and separation on the kid.
Grandparents have the potential to create a sense of continuity and stability, which can reduce the
amount of emotional stress and worry that is connected with the separation of family members.

In summary, the literature review emphasizes the significance of grandparental involvement in child
custody battles and the influence it has on the health and happiness of the kid or children involved.
Because the legal, psychological, and social sides of this issue are interconnected, the court is
required to take into consideration all of these aspects when making decisions about child custody
and grandparental involvement. This underlines the need for a holistic approach to child custody and
grandparental involvement, one that takes into account the legal, psychological, and social
components of the situation. Specifically, this highlights the necessity for a grandparental
involvement program.
CONCLUSION:
In summary, the literature study sheds light on the crucial part that grandparents play in the
decision-making process regarding child custody, as well as the significance of their involvement in
their grandchildren's life. It has been demonstrated via research that grandparents are able to offer
their grandkids a loving and supportive atmosphere, which is especially important during times of
family conflict and separation. The research also underscores the legal hurdles that grandparents
confront when attempting to get custody of their grandchildren. These challenges include the
difficulty in obtaining legal standing, as well as the frequently acrimonious character of child custody
disputes. In spite of these obstacles, the review highlights the significance of grandparents being
able to retain a relationship with their grandchildren and the requirement for the legal system to
take into account what is in the child's best interests when making decisions regarding custody. The
literature evaluation as a whole demonstrates the importance of providing grandparents with
increased recognition and assistance during the process of determining who will have custody of
their grandchildren.

REFERENCES:
Lehmann, R. B. (2018). The evolution of unilateral custody according to the principles of the best
interests of the child and the co-responsibility of the parents. [La evolución de la custodia unilateral
conforme a los principios de interés superior del niño y corresponsabilidad de los padres] Ius Et Praxis,
24(2), 469-512.

Randawar, D. K., & Kamarudin, A. (2021). Non-parental child custody rights: A comparative
perspective. Intellectual Discourse, 28(2), 529-553.

Randawar, D. K., & Jayabalan, S. (2019). Child custody disputes: An analysis of circumstances in which
the court awards custody of children to non-parents in malaysia. International Journal of Advanced
Science and Technology, 28(8 Special Issue), 669-677

Blau, T. H. (1984). An evaluative study of the role of the grandparent in the best interests of the child.
American Journal of Family Therapy, 12(4), 46-50.

Herman, S. P., & Bernet, W. (1997). Summary of the practice parameters of child custody evaluation.
Journal of the American Academy of Child and Adolescent Psychiatry, 36(12), 1784-1787

Drew, L. M., Richard, M. H., & Smith, P. K. (1998). Grandparenting and its relationship to parenting.
Clinical Child Psychology and Psychiatry, 3(3), 465-480.