Q&A: Can Grandparents (Like Kris Jenner) Win Custody of GrandKids if the Parents Divorce?


It sounds totally crazy but it is possible that grandparents could win custody of minor children during a particularly protracted divorce battle where parents are both deemed unfit.
This happened recently in Lisa Marie Presley’s case, I believe, where her mother Priscilla Presley was awarded temporary custody of Lisa’s two young daughters while Lisa and her husband hash out their divorce. It is unclear if there was subtance abuse in Lisa’s case but something major had to have been amiss for the court to award Priscilla custody of her grand children.

Recently, also, in the case of Rob Kardashian and Blac Chyna, there were rumors that Rob’s mother Kris Jenner would seek custody of her grand daughter Dream Kardashian. Of course, Rob and Chyna were not married and so this was not a divorce situation. They are only ex fiancés who fathered and mothered this adorably cute child.

But they had an epic break up that was all over social media and Rob Kardashian posted certain vulgar pictures of Chyna, as well as allegations that she had taken drugs. Chyna sought and received a restraining order from the courts against him, insisting that all she wanted was to “co-parent” her daughter but that she wanted nothing to do with him (and she returned a bunch of expensive gifts that included a Ferrari, a Lamborghini and fancy jewels which he had boasted online that he spent millions to purchase for her only to have her disrespect him).

However, now there are a lot of rumors that Kris would seek custody of the little girl. On what basis? Well, perhaps that both Rob and Chyna are unfit parents. Rob is on record about suffering from depression and during the hearings for the restraining order Chyna provided text messages to the court of Rob threatening to kill himself (one allegedly was a photo image with him holding a handful of pills). She also said that he had a gun. This could at least lead a court to consider stripping Rob of custody of the little girl for fear that not only will he hurt himself but he could also hurt the child. His behavior arguably rises to the level of instability, volatility and unpredictability which is not in the best interest of a helpless child who he could perhaps use as a sort of sacrificial lamb.

So he could lose custody on that front.

As for Chyna, if she is abusing drugs and is impaired when she is with the child, or if it can be shown she is neglectful or is prone to neglect the child, this could also be a problem. The trouble with that is that she has another son who she had with rapper Tyga (Rob’s sister Kyle Jenner’s ex) and there does not seem to be any problems with her ability to parent.

So it would seem at the outset that Kris proving that the child’s mother is unfit will be an uphill battle – unless Chyna implodes in the next few days or weeks.

This is a long winded answer but the short answer is yes. Grandparents can get custody of a minor child when the parents divorce. But it is going to take a lot. They can’t just take the child from an otherwise “fit” parent if that parent wants custody. Could Chyna be persuaded to hand over custody to Chris? Maybe. If they paid her enough money, maybe. But she doesn’t seem like that kind of mother to just hand over her child for a few pieces of silver.
Although, who knows?

Time will tell.