In Pennsylvania, grandparents can seek custody or visitation rights under certain circumstances. These rights are based on the best interests of the child, but there are specific conditions and standards that govern when and how grandparents can be granted custody or visitation.
Grandparent Custody Rights
A grandparent can petition for custody if the following conditions are met:
- The relationship with the child began with the consent of the parent or by court order;
- The grandparent has assumed or is willing to assume responsibility for the child;
- One of these additional conditions must be met:
- The child has been deemed dependent under juvenile delinquency statutes;
- The child is at substantial risk due to parental incapacity, neglect, or substance abuse (such as drugs or alcohol);
- The grandparent has had a parental role for at least 12 months.
Presumptions in Custody Cases
- Parent vs. Parent: There is no presumption in favor of one parent over the other in a custody battle between two parents.
- Parent vs. Third Party: If a custody dispute arises between a parent and a third party (like a grandparent), there is a presumption that the parent should have custody. However, this presumption can be overcome by clear and convincing evidence that it is not in the best interests of the child.
- Third Party vs. Third Party: In cases where two third parties (e.g., two grandparents) are fighting for custody, no presumption is made in favor of either party.
Visitation Rights for Grandparents and Third Parties
- Grandparents and other third parties may be granted visitation rights, especially in situations where there has been an established, ongoing relationship between the child and the third party.
- Best Interests of the Child: The court will always make decisions about visitation based on the child’s best interests, which can include the child’s emotional and physical well-being.
- Restrictions: A parent’s cohabitation or sexual behavior is not a valid reason to restrict visitation. Similarly, HIV or AIDS cannot be used as a reason to deny visitation.
Enforcement of Visitation Orders
- Courts may issue civil court orders to enforce visitation agreements, with consequences for non-compliance such as:
- Fines or jail time for those who fail to comply;
- Payment of attorney’s fees and court costs;
- Full faith and credit will be given to custody and visitation orders from other states once they are properly registered (under the Federal Parental Kidnapping Prevention Act).
Contempt for Violation of Custody and Visitation Orders
Failure to comply with a custody or visitation order can result in contempt of court. The penalties for contempt may include:
- Imprisonment for up to 6 months;
- A fine of up to $500;
- Probation for up to 6 months;
- Suspension of a driver’s license; or
- Payment of attorney’s fees and court costs.
The court may also issue an order that specifies the conditions under which the individual can be released from jail.
Child’s Preference
The child’s preference can be a factor in custody determinations, but it is not the sole deciding factor. The weight given to a child’s preference will depend on the child’s age and maturity.
Appointment of Guardian ad Litem
In contested custody cases, the court may appoint a Guardian ad Litem (a court-appointed attorney) to represent the child’s interests. The Guardian ad Litem advocates for the child’s preferences, and the parents usually pay the attorney’s fees.
How an Experienced Divorce Lawyer Can Help
If you are a grandparent or third party seeking custody or visitation rights, it’s essential to have an attorney who understands the complexities of family law. Divorce Lawyer R. Badet specializes in family law matters, including child custody and visitation. He can help you navigate the process, ensure that the child’s best interests are considered, and represent your interests in court.
For a free consultation, contact R. Badet to discuss your case and explore your legal options. Visit www.lawyersfordivorces.net or call 267-277-2641.
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