In child custody cases, grandparents can be granted custody or visitation rights under certain circumstances. Pennsylvania law provides specific conditions under which grandparents may seek custody or visitation, emphasizing the best interests of the child.
Grandparents’ Custody Rights:
In certain situations, grandparents can seek custody of their grandchildren if it is determined to be in the child’s best interest. To do so, grandparents must meet the following conditions:
- Consent or Court Order:
The grandparent must have started their relationship with the child either with the consent of the parents or through a court order. - Assumption of Responsibility:
The grandparent must have assumed or be willing to assume responsibility for the child. - Conditions for Custody:
One of the following conditions must be met:- The child has been determined to be a dependent child (e.g., due to abuse or neglect).
- The child is at substantial risk due to parental incapacity, neglect, or substance abuse (drugs/alcohol).
- The grandparent has acted in the role of a parent for at least 12 months.
Presumptions in Child Custody Cases:
- Parent vs. Parent:
In custody disputes between two parents, there is no presumption of one parent being more fit than the other. - Parent vs. Third Party (e.g., Grandparent):
There is a presumption that the parent will get custody unless there is clear and convincing evidence to the contrary. - Third Party vs. Third Party:
There is no presumption in custody battles between third parties.
Visitation Rights for Grandparents and Third Parties:
Visitation refers to the right to spend time with a child, and it can be granted to grandparents or third parties in certain circumstances:
- Grandparents may seek visitation when:
- A parent is deceased.
- The parents are divorced or separated.
- The child has lived with the grandparents for at least one year.
- Third Parties (e.g., Stepparents):
- The court may grant visitation to third parties, such as stepparents, particularly if the child has a long-standing relationship with them.
- A parent’s cohabitation or sexual conduct is generally not a valid reason to deny visitation.
- Interference with visitation can lead to contempt proceedings or a change of custody.
Enforcement of Visitation Orders:
If visitation orders are violated, the court can issue penalties for non-compliance:
- Civil court orders can include fines or jail time.
- Violators may be required to pay attorney’s fees and court costs.
- Custody and visitation orders from other states are enforceable under the Federal Parental Kidnapping Prevention Act once registered.
Contempt for Violation of Custody and Visitation Orders:
A party who willfully fails to comply with a custody order may be held in contempt. Potential punishments include:
- Imprisonment for up to 6 months.
- A fine of up to $500.
- Probation for up to 6 months.
- Suspension of the violator’s driver’s license.
- Payment of attorney’s fees and court costs.
The court must specify conditions for release if someone is jailed for contempt.
Child’s Preference:
The child’s preference may be considered in custody decisions, depending on the child’s age and maturity. The weight given to the child’s preference varies based on these factors.
Appointment of Guardian ad Litem:
In highly contested custody cases, the court may appoint an attorney for the child, known as a Guardian ad Litem. The attorney advocates for the child’s best interests, including the child’s preference. The parents typically bear the cost of the Guardian’s fees.
How Divorce Lawyer R. Badet Can Help:
Divorce and child custody cases, especially those involving grandparents’ rights, can be complex. Attorney R. Badet is a skilled and experienced lawyer specializing in family law matters, including child custody and visitation rights. If you’re facing a custody battle, or if you need help asserting your rights as a grandparent or third party, R. Badet can guide you through the process.
Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation and expert legal assistance.
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