Grandparents’ Rights in Child Custody Cases

In Pennsylvania, grandparents can seek custody or visitation rights under specific circumstances. The court prioritizes the child’s best interests when making decisions about grandparent custody and visitation.

When Can Grandparents Seek Custody?

A court may grant custody to a grandparent if:

The grandparent’s relationship with the child began with the consent of a parent or a court order.
The grandparent has assumed or is willing to assume responsibility for the child.
One of the following conditions is met:
- The child has been declared dependent under juvenile law.
- The child is at substantial risk due to parental incapacity, neglect, or substance abuse.
- The grandparent has acted as the child’s primary caregiver for at least 12 months.

Custody Presumptions in Court Cases

The court applies different presumptions depending on who is seeking custody:

Between two parents → No presumption (the court evaluates both equally).
Between a parent and a third party → Presumption in favor of the parent (the third party must provide clear and convincing evidence that custody with them is in the child’s best interest).
Between two third parties → No presumption (the court considers both parties equally).

Grandparents’ Visitation Rights

While custody refers to full or partial guardianship, visitation rights allow a grandparent to spend time with the child without assuming custody.

Grandparents may seek visitation if:
- A parent is deceased.
- The parents are divorced or legally separated.
- The child has lived with the grandparents for at least one year.
The grandparent must show that visitation serves the child’s best interests and does not interfere with the parent-child relationship.
Courts must give “special weight” to a parent’s decision regarding third-party visitation.

Third-Party Visitation Rights

Courts may grant visitation to stepparents, extended relatives, or other caregivers with a long-standing relationship with the child.
Best interest of the child remains the guiding principle.
A parent’s cohabitation or sexual orientation is not a basis for denying visitation.
HIV/AIDS status cannot be used as a reason to refuse visitation.
Courts may impose contempt penalties for parents who interfere with legally granted visitation.

Enforcement of Visitation Orders

If a parent denies court-ordered visitation, the court can enforce compliance through:

Civil contempt orders, which may include fines or jail time.
Requiring the violating parent to pay attorneys’ fees and court costs.
Enforcing out-of-state custody and visitation orders under the Federal Parental Kidnapping Prevention Act (PKPA).

Consequences for Violating Child Custody & Visitation Orders

A parent or guardian who willfully violates a court-ordered custody or visitation arrangement may face contempt of court penalties, including:

Up to six months in jail.
A fine of up to $500.
Probation for up to six months.
Driver’s license suspension.
Reimbursement of attorneys’ fees and court costs.

Courts must specify what conditions need to be met for an individual to be released from jail.

Child’s Preference in Custody Cases

Courts may consider the child’s preference in custody decisions.
The amount of weight given depends on the child’s age and maturity.
A younger child’s preference may carry less weight, whereas an older child’s opinion is often considered more seriously.

Appointment of a Guardian ad Litem

In highly contested custody cases, the court may appoint a Guardian ad Litem (GAL) to represent the child’s best interests.
The GAL is an attorney assigned to advocate for the child’s wishes and overall well-being.
Parents typically share the cost of the GAL’s legal fees.

Experienced Family Law Attorney for Grandparents’ Rights in Philadelphia

Attorney R. Badet is a highly skilled child custody and family law attorney who helps grandparents fight for their legal rights in custody and visitation cases. Whether you are seeking custody, visitation, or enforcement of court orders, he provides aggressive legal representation to protect your relationship with your grandchild.

For legal assistance, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation today.