Can Grandparents Get Custody If Parents Are Unfit?

When both parents show serious shortcomings in their educational or emotional roles, the law steps in to protect the child. In these situations, grandparents may seem like the natural alternative—but custody is never automatic.

A recent ruling by the Brescia Court confirms that judges carefully assess whether grandparents can act as a supportive presence rather than replacing the parents. If they fuel conflict or undermine the parental role, custody is more likely to be entrusted to social services instead. The priority always remains the child’s stability and well-being, including maintaining a relationship with both parents whenever possible.

Can Grandparents Take Part in Legal Proceedings?

Grandparents are not limited to a passive role. They can formally intervene in separation or divorce proceedings as active parties—not just as witnesses.

However, this intervention must be based on concrete legal claims, not just emotional concern. For example, they may:

• request limitations on parental responsibility

• ask the court to assess parental incapacity

• support protective measures for the child

Their role is to help the court fully understand the family situation and act quickly where necessary.

What Happens When Both Parents Are Considered Unfit?

Italian law generally favours shared custody. Assigning custody exclusively—or removing it from both parents—is an exceptional measure.

In more serious cases, where neither parent is deemed capable, the court may:

• entrust the child to social services, which take over key decisions
• allow the child to remain with one parent under supervision, if an emotional bond exists

This approach avoids further trauma and keeps the child in a familiar environment whenever possible.

Why Are Grandparents Sometimes Excluded from Custody?

Even when grandparents are willing to step in, courts require strict neutrality. Custody may be denied if they:

• try to replace the parents rather than support them

• cannot ensure the child maintains a relationship with both parents
• openly take sides, worsening family conflict

The child’s best interest includes preserving family relationships. If grandparents risk damaging that balance, the court may prefer a more neutral solution, such as supervision by social services.

What Changed with the Family Court Reform?

The 2023 reform unified family proceedings under a single court system. Today:

• all matters (custody, parental responsibility, financial issues) are handled together

• grandparents and other interested parties can intervene in the same case
• judges have a more complete and immediate view of the family situation

This makes proceedings faster, but also more demanding in terms of evidence. Grandparents must clearly demonstrate that their involvement serves the child’s best interests—not personal or emotional motives.

How We Can Help

Cases involving child custody and extended family roles are highly sensitive and legally complex.

Our law firm can assist you by:

• evaluating whether grandparents can intervene in your case
• supporting applications for custody or protective measures
• defending parental rights while safeguarding the child’s welfare
• guiding you through proceedings involving social services

Every situation is unique, and the right legal strategy is essential to protect both the child and your family’s future.

VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com