In Pennsylvania, grandparents have specific rights when it comes to child custody and visitation, especially in cases where they have developed a significant relationship with their grandchildren. However, these rights are subject to certain conditions and the overall best interests of the child.
Grandparents Seeking Custody:
A grandparent may seek custody of a grandchild if it is determined that it is in the best interests of the child. The court may grant custody to a grandparent if the following criteria are met:
- Consent or Court Order: The grandparent began their relationship with the child with the consent of a parent or through a court order.
- Assumed Responsibility: The grandparent has assumed or is willing to assume responsibility for the child.
- One of the following conditions applies:
- The child has been determined to be a dependent child under juvenile delinquency laws.
- The child is at substantial risk due to parental incapacity, neglect, drug, or alcohol abuse.
- The grandparent has acted in a parental role for at least 12 months.
Presumptions in Child Custody Cases:
In custody cases, there are different presumptions based on who is involved:
- Parent vs. Parent: No presumption—each parent has an equal standing in the case.
- Parent vs. Third Party (e.g., grandparent, stepparent): There is a presumption that the parent will be granted custody, but this can be overcome with clear and convincing evidence that it is in the best interests of the child for the third party to have custody.
- Third Party vs. Third Party: No presumption, and the court will consider both parties equally.
Visitation Rights for Third Parties (Including Grandparents):
Grandparents and other third parties (such as stepparents) may seek visitation rights, especially if there has been a long-standing relationship with the child. The court will generally apply the best interest of the child standard in determining whether visitation is appropriate.
- Non-custodial Parent Visitation: Typically, the non-custodial parent is granted reasonable visitation, unless it is determined that visitation would harm the child’s mental or physical health.
- Grandparent Visitation: In certain situations, such as when a parent is deceased, the parents are divorced, or the child has lived with the grandparents for at least a year, grandparents may seek visitation rights. However, they must show that their visitation is in the best interests of the child and that it does not interfere with the relationship between the parent and child.
Enforcement of Visitation Orders:
Visitation orders can be enforced in several ways:
- Civil Court Orders: The court may issue orders that threaten fines or jail time for non-compliance with visitation arrangements.
- Attorney’s Fees and Court Costs: Those violating visitation orders may also be required to pay attorney’s fees and court costs.
- Out-of-State Enforcement: Custody and visitation orders from other states are enforceable as long as the other state’s decree is registered in Pennsylvania, in accordance with the Federal Parental Kidnapping Prevention Act.
Contempt for Violation of Custody and Visitation Orders:
If a party willfully fails to comply with a custody or visitation order, they may be held in contempt. Possible punishments for contempt include:
- Imprisonment for up to 6 months
- A fine of up to $500
- Probation for up to 6 months
- Suspension of the individual’s driver’s license
- Attorney’s fees and costs
Note: An order for imprisonment must specify the conditions that, once fulfilled, will result in the individual’s release.
Child’s Preference in Custody Cases:
While the child’s preference can be a factor in custody decisions, it is just one of many considerations. The weight given to a child’s preference depends on their age and maturity.
Guardian ad Litem:
In highly contested custody cases, the court may appoint an attorney (Guardian ad Litem) to represent the child’s best interests and advocate for their preference. The cost of the Guardian ad Litem is typically borne by the parents.
Divorce Lawyer R. Badet:
If you are facing a custody dispute or if you are a grandparent seeking visitation or custody of your grandchild, it is important to consult with an experienced attorney who specializes in family law. Divorce Lawyer R. Badet is a knowledgeable attorney with years of experience in handling custody cases, including those involving grandparents’ rights.
- Phone: 267-277-2641
- Website: www.lawyersfordivorces.net
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