Grandmothers On The Bench: The Legal Battle For Grandmaternal Custody Rights In The Modern Era
- IJLLR Journal
- Mar 1
- 1 min read
Aman Kumar Jha, National Law Institute University, Bhopal
Sujal Chhajed, National Law Institute University, Bhopal
Tanishk Bhawsar, National Law Institute University, Bhopal
ABSTRACT
The judicial recognition of grandmaternal rights in non-parental custody claims has emerged as a significant legal and social issue, particularly in the context of evolving family structures and child welfare concerns. This paper critically examines how courts have interpreted and applied the welfare principle in cases involving grandmothers seeking custody. While the welfare principle remains the cornerstone of custody determinations, its application in non-parental claims raises complex questions about balancing parental autonomy, the child’s best interests, and the evolving role of extended family caregivers. The paper explores key judicial decisions that have shaped the legal standing of grandmothers in custody disputes, analysing whether courts have demonstrated a consistent approach in recognizing their caregiving contributions. It further critiques the limitations of the welfare principle in such cases, particularly when courts prioritize biological parental rights over the demonstrable emotional and financial stability offered by grandmothers. The paper also examines how different jurisdictions have either expanded or restricted grandmaternal rights, highlighting key trends in judicial reasoning. Beyond legal analysis, this research delves into the socio-legal implications of granting custody to grandmothers, addressing the psychological impact on children, policy considerations, and ethical dilemmas that arise in contested custody battles. The study argues that while judicial recognition of grandmaternal rights is gradually increasing, it remains inconsistently applied, often depending on subjective judicial discretion rather than a clear legal framework.
Keywords: Grandmaternal rights, non-parental custody, Welfare principle, Child’s best interests.
