When grandparents become guardians: a documentary study of custody cases

Authors

  • Regina Figueiredo Universidade de Vigo, Vigo, Espanha
  • Deibe Fernández Simo Universidade de Vigo, Vigo, Espanha
  • Lia Araújo Escola Superior de Educação do Instituto Politécnico de Viseu (ESE.IPV), Viseu; RISE-Health, Porto, Portugal

DOI:

https://doi.org/10.7458/SPP202611142227

Keywords:

grandparents with custody of their grandchildren, judicial proceedings for promotion and protection, children and youth at risk

Abstract

This study aimed to examine and analyse judicial proceedings concerning the promotion and protection of children and young people, specifically in cases involving support measures with other family members, namely grandparents. The objective was to identify the circumstances that justified the measure, to characterize the profile of those involved, and to understand how the measures were monitored. Based on a documentary analysis of 17 judicial proceedings, it appears that this measure is predominantly applied in contexts of parental neglect and exposure to domestic violence, associated with trajectories of vulnerability and family breakdown. Despite the heterogeneity of the grandparents, there is a transversal presence of social fragilities and limitations in institutional support. The results suggest that the exercise of parental functions by grandparents implies a redefinition of roles, highlighting the need for a deeper understanding of the access to and mobilization of the support provided within the promotion and protection system.

Published

2026-07-21