Courts in Pennsylvania recognize that, in some cases, grandparents can serve as stable and loving caretakers for their grandchildren. A judge may grant grandparents custody if this arrangement serves the child’s best interests and the following conditions apply:
- The grandparent’s relationship with the child started with a parent’s permission or by court order.
- The grandparent has assumed responsibility for the child (or is willing to do so).
- At least one of these additional requirements is met:
- The child is deemed a dependent under juvenile law,
- The child is significantly at risk due to parental incapacity, neglect, or substance abuse, or
- The grandparent fulfilled a parental role continuously for at least 12 months.
Presumptions in Custody Disputes
- Parent vs. Parent: There is no automatic preference for either parent.
- Parent vs. Third Party: The law presumes the parent should have custody unless a third party can provide clear and convincing evidence to overcome that presumption.
- Third Party vs. Third Party: No presumption applies when both parties are non-parents.
Visitation Rights
- Parental Visitation: The non-custodial parent generally has the right to reasonable time with the child, barring evidence that such visits harm the child’s welfare. Courts rarely deny visitation outright unless there is a clear risk of physical or sexual abuse.
- Restrictions and Relocation: Courts can limit how and when visits occur and often allow one parent to move out of state if the move serves the child’s or parent’s legitimate needs (not merely to evade visitation obligations).
Third-Party Visitation (Including Grandparents)
- Eligibility: Grandparents or stepparents may be granted visitation, especially when they have a long-established relationship with the child.
- Best Interest Standard: Decisions rest on whether the visitation benefits the child’s well-being.
- Parent’s Conduct: Generally, cohabitation or lifestyle choices (including sexual orientation or HIV/AIDS status) cannot be a sole basis for denying visitation.
- Enforcement: If a parent interferes with court-ordered visitation, they can face contempt charges or even a custody modification.
Grandparents’ Specific Visitation Rights
- When They Can Seek Visitation:
- A parent is deceased,
- The marriage has ended, or
- The grandchild has lived with the grandparent for at least one year.
- Requirements: Grandparents must show that visitation aligns with the child’s best interests and does not undermine the parent-child relationship. Courts must give “special weight” to a parent’s viewpoint on third-party contact.
Enforcing Visitation Orders
- Civil Contempt: A court may threaten fines or jail time if a party willfully violates a visitation order.
- Financial Penalties: Violators might pay the other side’s attorneys’ fees or court costs.
- Interstate Enforcement: Under the Federal Parental Kidnapping Prevention Act, valid orders from another state will be honored once appropriately registered in Pennsylvania.
Contempt for Violating Custody or Visitation
A party who deliberately disobeys a custody order can be held in contempt. Possible penalties include:
- Imprisonment up to six months,
- Fines up to $500,
- Probation up to six months,
- Driver’s license suspension,
- Payment of attorney’s fees and court costs.
If a court orders jail time, it must state what the noncompliant individual must do to be released.
Child’s Preference
Judges may consider the wishes of the child, giving more weight to the expressed preference if the child is older or demonstrates a level of maturity. However, it is only one factor among many that influence the final custody decision.
Guardian ad Litem
In highly contentious cases, a court may appoint a guardian ad litem or attorney to advocate specifically for the child’s interests. The associated legal fees are typically covered by the parents.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers guidance on divorce, spousal support, child support, and custody, representing clients in both Family Law and Criminal Law matters. Learn about your legal options at www.lawyersfordivorces.net or call for a free consultation.
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