Grandparents' Rights
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Pennsylvania Grandparents' Rights Attorneys
_Pennsylvania recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody
of their minor grandchild or grandchildren. The grandparents must prove
that the requested custody would be in the best interests of the minor
grandchild or grandchildren and would not interfere with the relationship
between the parent and the minor child.
Pennsylvania Grandparents' Partial Custody and Visitation
The Pennsylvania Supreme Court in the case of Hiller v. Fausey has ruled that the Pennsylvania Grandparent Visitation Statutes are constitutional as a method to protect the emotional well-being of children who have been estranged from their grandparents. Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three circumstances: (1) if either of the child's or children's parents are deceased; (2) if the parents have never married, are married but separated for more than six months, or are divorced; or (3) the grandchildren have resided with the grandparents for more than 12 months and then were removed from the home. Under Pennsylvania common law, a grandparent also has the right to seek custody rights of their minor grandchildren if the grandparents were acting in loco parentis to the grandchildren or in other words acted as their parents in providing the grandchildren's financial, educational and emotional support. There is no right to compel grandparent partial custody or visitation if the parents are residing together in an intact marriage.
Pennsylvania Grandparent Primary Custody Law
Under the Pennsylvania Domestic Relations Code, grandparents have the right to sue for primary custody of their minor grandchildren. While any grandparent may file a Complaint for Custody, in a case contested by the biological parents, a grandparent has strict evidentiary burdens that must be proven if the trial court judge is going to award primary custody to the grandparents. The grandparent must prove (1) that the relationship with the grandchildren began with the consent of the parent or pursuant to an order of court; (2) that the grandparent has genuine care and concern for the grandchildren; and (3) that the grandchildren either (a) resided with the grandparents for at least 12 months where the grandparents acted like the grandchildren's parents (generally requires that the parent not also reside in the house); (b) that the grandchildren have been declared dependent due to parental abuse or neglect; or (c) that the grandparents believe that the grandchildren are substantially at risk due to parental abuse, neglect, drug or alcohol issues.
Even if the above requirements are met, the trial court judge must still determine what is in the children's best interests applying a weighted determination in favor of the biological parents. In other words, the court must find that it is not in the best interests of the minor children to be in the custody of their parents and that it is in the best interests of the minor children to be in the custody of the grandparents.
Grandparent Shared Custody Rights
There is no provision in the Pennsylvania statutes for a grandparent to be awarded shared physical custody with a child's parent or parents unless the parent or parents agree to an order of shared physical custody. Grandparents are only permitted to pursue claims for partial custody, visitation, or primary physical custody as stated above.
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Pennsylvania Grandparents' Partial Custody and Visitation
The Pennsylvania Supreme Court in the case of Hiller v. Fausey has ruled that the Pennsylvania Grandparent Visitation Statutes are constitutional as a method to protect the emotional well-being of children who have been estranged from their grandparents. Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three circumstances: (1) if either of the child's or children's parents are deceased; (2) if the parents have never married, are married but separated for more than six months, or are divorced; or (3) the grandchildren have resided with the grandparents for more than 12 months and then were removed from the home. Under Pennsylvania common law, a grandparent also has the right to seek custody rights of their minor grandchildren if the grandparents were acting in loco parentis to the grandchildren or in other words acted as their parents in providing the grandchildren's financial, educational and emotional support. There is no right to compel grandparent partial custody or visitation if the parents are residing together in an intact marriage.
Pennsylvania Grandparent Primary Custody Law
Under the Pennsylvania Domestic Relations Code, grandparents have the right to sue for primary custody of their minor grandchildren. While any grandparent may file a Complaint for Custody, in a case contested by the biological parents, a grandparent has strict evidentiary burdens that must be proven if the trial court judge is going to award primary custody to the grandparents. The grandparent must prove (1) that the relationship with the grandchildren began with the consent of the parent or pursuant to an order of court; (2) that the grandparent has genuine care and concern for the grandchildren; and (3) that the grandchildren either (a) resided with the grandparents for at least 12 months where the grandparents acted like the grandchildren's parents (generally requires that the parent not also reside in the house); (b) that the grandchildren have been declared dependent due to parental abuse or neglect; or (c) that the grandparents believe that the grandchildren are substantially at risk due to parental abuse, neglect, drug or alcohol issues.
Even if the above requirements are met, the trial court judge must still determine what is in the children's best interests applying a weighted determination in favor of the biological parents. In other words, the court must find that it is not in the best interests of the minor children to be in the custody of their parents and that it is in the best interests of the minor children to be in the custody of the grandparents.
Grandparent Shared Custody Rights
There is no provision in the Pennsylvania statutes for a grandparent to be awarded shared physical custody with a child's parent or parents unless the parent or parents agree to an order of shared physical custody. Grandparents are only permitted to pursue claims for partial custody, visitation, or primary physical custody as stated above.
Contact Us
513 Sarah Street, Stroudsburg, PA 18360
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(570) 421-1406 - Tel.
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(570) 421-1407 - Fax
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