Supreme Court: Grandparents May Claim Child Support Without Legal Guardianship

The Civil Cassation Court within the Supreme Court has ruled that grandparents are entitled to file claims for child support on behalf of their grandchildren without having formal guardian status.

Background of the case

In the case under review, a child lived with her grandmother after her mother’s death. The father filed a claim to take the child back, while the grandmother submitted a counterclaim, including a request for child support.

Lower courts rejected all claims, considering the issue of child support dependent on establishing guardianship.

Supreme Court’s legal position

The Supreme Court disagreed with this approach and emphasized that:

• parents are legally obliged to support their child until adulthood;
• grandparents have the right to protect the interests of their grandchildren;
• filing a claim for child support does not require formal guardianship.

The Court clarified that the right to represent a child’s interests in court arises from close family ties and does not depend on guardianship status.

 Court decision

The Supreme Court overturned the lower courts’ decisions regarding child support and issued a new ruling, ordering the father to pay child support to the grandmother in the amount of one-quarter of his income monthly until the child reaches adulthood.

 Significance

The ruling reinforces that the best interests of the child are paramount and should not be limited by formal legal procedures such as guardianship arrangements.