Grandparents’ Rights in Child Custody Cases

In Pennsylvania, grandparents can seek custody or visitation of their grandchildren, but only under specific circumstances. The overriding principle is always the best interests of the child.

Grandparents’ Custody Rights

A grandparent may be granted custody of a grandchild if:

  1. They have a pre-existing relationship with the child that began with either parental consent or by court order.
  2. They are willing to assume responsibility for the child, either already doing so or showing willingness to take on that responsibility.
  3. One of the following conditions must be met:
    • The child is determined to be dependent under juvenile delinquency statutes.
    • The child faces substantial risk due to parental incapacity, neglect, substance abuse, or other harmful behavior.
    • The grandparent has acted as the primary caregiver or taken on the role of a parent for at least 12 months.

Presumptions in Custody Cases

  • Between Two Parents: There is no presumption in favor of either parent.
  • Between a Parent and a Third Party (e.g., grandparent): There is a presumption that the parent will be awarded custody. However, this presumption can be overcome with clear and convincing evidence.
  • Between Two Third Parties (e.g., two grandparents): There is no presumption.

Visitation Rights for Grandparents and Third Parties

  1. Non-Custodial Parent: Typically allowed reasonable partial custody with the child unless it negatively impacts the child’s well-being. Denial of custody is rare and usually occurs only in cases of abuse.
    • The court may limit time, place, and circumstances of visits.
    • Courts may allow parties to move out of state if it benefits the child or parent (not to avoid visitation).
  2. Grandparents/Stepparents/Third Parties:
    • Best interests of the child is the primary standard for visitation decisions.
    • Cohabitation or sexual conduct of a parent is typically not grounds for limiting visitation.
    • HIV or AIDS status cannot be used to deny visitation.
    • Contempt proceedings or changes in custody may remedy interference or noncompliance with visitation orders.
  3. Grandparents’ Visitation Rights:
    • Grandparents may seek visitation if:
      • The parent is deceased, the marriage is dissolved, or the child has lived with them for at least one year.
    • They must prove that visitation is in the child’s best interest and does not interfere with the parent-child relationship.
    • Courts give special weight to a parent’s opinion on whether third-party visitation is in the child’s best interests.

Enforcement of Visitation Orders

If visitation orders are violated:

  1. A civil court order may be issued, with fines or jail time for non-compliance.
  2. The violating party may be required to pay attorney’s fees and court costs.
  3. Out-of-state orders will be enforced in Pennsylvania if registered in accordance with the Federal Parental Kidnapping Prevention Act.

Contempt for Violating Custody and Visitation Orders

Parties who willfully violate custody orders may face contempt charges, which could lead to:

  1. Imprisonment for up to 6 months.
  2. A fine of 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 in Custody Determinations

The child’s preference can be considered, but it is only one factor. The weight given to the child’s preference depends on:

  • Age
  • Maturity

Guardian ad Litem for the Child

In contentious cases, the court may appoint an attorney (Guardian ad Litem) for the child to represent their interests and preferences. Parents typically cover the attorney’s fees.

How Divorce Lawyer R. Badet Can Help

If you’re a grandparent or third party seeking custody or visitation rights, or involved in a custody dispute, Divorce Lawyer R. Badet is here to guide you through the legal process.

Contact Divorce Lawyer R. Badet for a Free Consultation

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