Grandparents’ Rights in Child Custody Cases

In Pennsylvania, grandparents may seek custody or visitation of their grandchildren under specific circumstances, particularly when the court determines that such actions are in the best interests of the child.

Grandparents’ Custody Rights

A grandparent may be awarded custody if:

  1. They began the relationship with the child with the consent of a parent or by court order.
  2. They have assumed or are willing to assume responsibility for the child.
  3. One of the following conditions is met:
    • The child has been determined to be a dependent child.
    • The child is at substantial risk due to parental incapacity, neglect, or substance abuse.
    • The grandparent has assumed a parental role for at least 12 months.

Presumptions in Child Custody Cases

  • Between two parents: There is no presumption in favor of either parent.
  • Between a parent and a third party (e.g., grandparent): The presumption is that the parent gets custody, but this can be overcome with clear and convincing evidence.
  • Between two third parties: No presumption exists, and the court will determine the best outcome based on the circumstances.

Visitation Rights

  1. Parent vs. Parent: The non-custodial parent is usually allowed reasonable partial custody unless it negatively affects the child’s mental or physical health.
    • Denial of partial custody is rare and usually only occurs in cases involving abuse.
    • Courts can set limits on time, place, and circumstances of visits.
  2. Third-Party Visitation (Grandparents, Stepparents, etc.):
    • The best interest of the child governs visitation determinations.
    • Visitation can be granted, especially when the child has a long-standing relationship with the third party (e.g., a grandparent).
    • A parent’s cohabitation or sexual conduct is generally not a valid reason to restrict visitation.
    • HIV or AIDS status cannot be used as a reason to deny visitation.
  3. Grandparents’ Visitation Rights:
    • Grandparents may seek visitation if:
      • A parent is deceased or the marriage is dissolved.
      • The child has resided with the grandparents for at least one year.
    • Grandparents must show that visitation is in the best interests of the child and that it does not interfere with the parent-child relationship.
    • The court gives “special weight” to a parent’s decision on visitation.

Enforcement of Visitation Orders

If visitation orders are violated:

  1. Civil Court Orders: Fines or jail time can be imposed for non-compliance.
  2. Attorney’s Fees: The violating party may be required to pay legal fees and court costs.
  3. Out-of-State Orders: If a custody or visitation order is from another state, it will receive full faith and credit under the Federal Parental Kidnapping Prevention Act.

Contempt for Violating Child Custody and Visitation Orders

A party who willfully fails to comply with a custody order can be held in contempt, which may result in:

  1. Imprisonment for up to 6 months.
  2. A fine up to $500.
  3. Probation for up to 6 months.
  4. Suspension of a driver’s license.
  5. Payment of attorney’s fees and court costs.

Child’s Preference

  • A child’s preference may be considered in custody determinations, but the weight given to this preference will depend on:
    • The child’s age and maturity.

Appointment of Guardian ad Litem

In highly contested cases, the court may appoint an attorney for the child (Guardian ad Litem). The attorney’s role is to advocate for the child’s best interests and preferences. The parents typically pay for the attorney’s fees.

How Can Divorce Lawyer R. Badet Help?

If you’re a grandparent seeking custody or visitation rights, or involved in a custody dispute, Divorce Lawyer R. Badet can help you navigate the legal process to ensure your rights are protected and that the child’s best interests are prioritized.

Contact Divorce Lawyer R. Badet for a Free Consultation

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