Grandparents can be awarded custody if it is in the best interests of the child and the following conditions are met:
- Consent or Court Order: The relationship with the child began with the parents’ consent or a court order.
- Responsibility: The grandparent has assumed or is willing to assume responsibility for the child.
- Additional Conditions:
- The child has been declared dependent under juvenile statutes.
- The child is at significant risk due to parental neglect, incapacity, or substance abuse.
- The grandparent has acted in a parental role for at least 12 months.
Presumptions in Child Custody Cases
- Parent vs. Parent: No presumption exists; both parents are considered equally.
- Parent vs. Third Party: There is a presumption favoring the parent, which can only be overcome by clear and convincing evidence.
- Third Party vs. Third Party: No presumption exists, and the decision is based on the child’s best interests.
Visitation Rights
Visitation Terminology:
For parents, the terms “primary custody” and “partial custody” are used, while “visitation” applies to grandparents and third parties.
- Non-Custodial Parent:
- Generally entitled to reasonable visitation unless it negatively affects the child’s mental or physical health.
- Denial of visitation is rare and usually limited to cases involving abuse.
- Third Parties (Including Grandparents):
- Courts may grant visitation if a longstanding relationship exists and it serves the child’s best interests.
- Sexual conduct, cohabitation, or HIV/AIDS cannot be reasons to deny visitation.
- Relocation:
- Courts typically allow parents to relocate if it benefits the child or parent and is not an attempt to evade visitation arrangements.
Grandparents’ Visitation Rights
Grandparents can seek visitation if:
- A parent is deceased.
- The parents are divorced or separated.
- The child has lived with the grandparent for at least one year.
To succeed, grandparents must prove:
- Visitation aligns with the child’s best interests.
- Visitation will not interfere with the parent-child relationship.
Courts must give “special weight” to a parent’s decision about third-party visitation.
Enforcement of Visitation Orders
Non-compliance with visitation orders can result in:
- Civil court orders with fines or jail time.
- Payment of attorney’s fees and court costs.
- Enforcement of out-of-state orders if registered in accordance with the Federal Parental Kidnapping Prevention Act.
Contempt for Violating Custody and Visitation Orders
Willful failure to comply with custody orders may lead to contempt proceedings. Possible penalties include:
- Jail time (up to 6 months).
- Fines (up to $500).
- Probation (up to 6 months).
- Driver’s license suspension.
- Payment of attorney’s fees and costs.
Child’s Preference
The court considers the child’s preference in custody decisions, giving weight based on the child’s age and maturity.
Guardian ad Litem
In contentious custody cases, the court may appoint an attorney (Guardian ad Litem) to advocate for the child’s preferences. The parents usually bear the cost of these services.
About Divorce Lawyer R. Badet
R. Badet is a skilled attorney with expertise in child custody, visitation, and grandparents’ rights. He offers compassionate and effective legal guidance in family law cases, ensuring the best outcomes for his clients.
Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. R. Badet serves clients in Philadelphia and surrounding counties with dedication and professionalism.
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