In Pennsylvania, grandparents may seek custody or visitation rights under certain circumstances. The law acknowledges the important role grandparents can play in a child’s life and offers specific rights for them under the best interests of the child standard.
Grandparents Seeking Custody
Grandparents can seek custody of a grandchild if they meet specific requirements. The court may grant custody to a grandparent if:
- Consent or Court Order: The grandparent initiated the relationship with the child with the consent of the parents or by court order.
- Responsibility: The grandparent has assumed or is willing to assume responsibility for the child.
- Conditions: One of the following conditions is met:
- The child has been determined to be dependent under juvenile delinquency statutes.
- The child is at substantial risk due to parental incapacity, neglect, drug or alcohol abuse.
- The grandparent has acted as a parent for at least 12 months.
Presumptions in Custody Cases
- Between Parents: There is no presumption for custody, as the court believes that both parents have equal rights to custody.
- Parent vs. Third Party: There is a presumption that the parent will have custody. This presumption can be overcome by clear and convincing evidence of harm or inadequacy in the parent’s ability to care for the child.
- Third Party vs. Third Party: There is no presumption, and the court will look at the specific circumstances to determine what is best for the child.
Visitation Rights for Grandparents
Grandparents and other third parties may be granted visitation rights under certain conditions. Key points include:
- Grandparents’ Visitation: Grandparents may seek visitation if:
- The parent is deceased.
- The parents are divorced.
- The child has lived with the grandparent for at least one year.
- The court must consider whether visitation is in the child’s best interests and respect the parent’s decision regarding visitation.
- Third Party Visitation: Courts can also grant visitation to stepparents or others who have a strong relationship with the child. However, this is always subject to the best interest of the child and is often contested when the custodial parent objects.
Enforcement of Visitation Orders
If a visitation order is violated, the court may enforce it through:
- Fines or Jail: The non-compliant party may be fined or jailed for up to six months.
- Attorney’s Fees and Court Costs: The violating party may have to pay for the other party’s legal costs.
- Full Faith and Credit: Custody and visitation orders from other states will be recognized and enforced in Pennsylvania, provided the order is registered in the state.
Contempt for Violation of Child Custody and Visitation Orders
If a parent or third party willfully violates a custody or visitation order, they may be held in contempt. Penalties for contempt may include:
- Imprisonment (up to six months).
- Fines (up to $500).
- Probation (up to six months).
- Suspension of a driver’s license.
- Payment of attorney’s fees and costs.
Child’s Preference
While the child’s preference can be considered in custody cases, it is just one factor. The weight given to the child’s opinion depends on the child’s age, maturity, and ability to express their preferences in a meaningful way.
Appointment of Guardian ad Litem
In highly contested cases, the court may appoint a Guardian ad Litem—an attorney who represents the child’s best interests. This attorney advocates for the child’s preference, and the fees are typically paid by the parents.
Contact Divorce Lawyer R. Badet
Divorce and child custody cases can be emotionally difficult, especially when grandparents or third parties seek visitation or custody. Divorce Lawyer R. Badet is an experienced attorney who can guide you through the complexities of family law, including custody and visitation matters. He is dedicated to protecting your rights and advocating for the best interests of your children.
For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.
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