Grandparents’ Rights in Child Custody Cases in Pennsylvania

In Pennsylvania, grandparents may seek custody or visitation of their grandchildren under certain circumstances. The courts prioritize the best interests of the child, and specific conditions must be met for grandparents to gain custody or visitation rights.

Grandparents’ Custody Rights:

Grandparents can be granted custody if it is determined to be in the best interests of the child. A grandparent must meet certain criteria:

  1. Initial Relationship: The grandparent must have begun the relationship with the child with the consent of a parent or by court order.
  2. Assumption of Responsibility: The grandparent must have assumed, or be willing to assume, responsibility for the child.
  3. Conditions: One of the following conditions must be met:
    • The child is a dependent child under juvenile delinquency statutes.
    • The child is at substantial risk due to parental incapacity, neglect, drug, or alcohol abuse.
    • The grandparent has assumed the role of a parent for at least 12 months.

Presumptions in Custody Cases:

  • Parent vs. Parent: No presumption is made when two parents are involved in a custody dispute; the court decides based on the child’s best interests.
  • Parent vs. Third Party: A presumption exists that the parent will get custody, which can be overcome with clear and convincing evidence proving that the parent is unfit.
  • Third Party vs. Third Party: No presumption exists, and the court must make a decision based on the best interests of the child.

Visitation Rights for Grandparents:

Grandparents are often referred to in terms of “visitation,” which is different from “custody” between parents. In Pennsylvania:

  • Visitation vs. Custody: Parents generally receive primary or partial custody, while visitation is more common for third parties, such as grandparents.
  • Conditions for Visitation: A grandparent’s visitation rights are often granted if they have a long-standing relationship with the child. The court considers the child’s best interests and may allow visitation even when one parent objects.
  • Restrictions: Visitation may be limited or restricted in cases where it negatively impacts the child’s mental or physical health, particularly in cases involving abuse or neglect.
  • Non-interference: Grandparents must demonstrate that their visitation will not interfere with the parent-child relationship. The court will give “special weight” to a parent’s decision about whether visitation with a third party is in the child’s best interest.

Enforcement of Visitation Orders:

Visitation and custody orders must be followed, and enforcement is possible through legal actions:

  1. Non-compliance: Civil court orders can be issued for non-compliance, which may include fines or jail time.
  2. Consequences: Violating a court order could result in the responsible party paying attorney’s fees and court costs.
  3. Out-of-State Orders: Custody and visitation orders from other states can be enforced in Pennsylvania if they are registered under the Federal Parental Kidnapping Prevention Act.

Contempt for Violation of Child Custody Orders:

If a party fails to comply with a custody order, they may be held in contempt of court. Consequences for contempt can include:

  1. Imprisonment (up to 6 months)
  2. Fines (up to $500)
  3. Probation (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 cases, the child’s preference is one factor considered. The court evaluates the child’s age and maturity when giving weight to their preference.

Appointment of Guardian ad Litem:

In contested custody cases, the court may appoint a Guardian ad Litem (GAL), an attorney who advocates for the child’s preferences. The GAL’s fees are generally paid by the parents.

Need Legal Help?

Grandparents who wish to pursue custody or visitation rights, or parents who need assistance with child custody disputes, can benefit from the expertise of an experienced attorney. Divorce Lawyer R. Badet specializes in family law, including child custody and visitation cases, ensuring that the rights of grandparents and parents alike are protected.

Contact Divorce Lawyer R. Badet for a consultation:

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