In Pennsylvania, grandparents may seek custody or visitation rights under certain circumstances, even in the midst of a divorce or custody dispute. The legal framework governing grandparents’ rights prioritizes the best interests of the child, while also considering the rights of parents to raise their children. Below are key points to understand regarding grandparents’ rights in child custody cases:
When Can Grandparents Seek Custody?
Grandparents may be granted custody of their grandchild if the following conditions are met, and it is determined to be in the child’s best interests:
- Initiation of the Relationship: The grandparent must have started the relationship with the child with the consent of a parent or by court order.
- Assumption of Responsibility: The grandparent must be willing or have already assumed responsibility for the child.
- One of the following conditions must apply:
- The child has been determined to be dependent under the juvenile delinquency statutes.
- The child faces significant risks due to parental incapacity, neglect, or substance abuse.
- The grandparent has assumed the role of a parent for at least 12 months.
Presumptions in Child Custody Cases:
- Parent vs. Parent Custody: There is no presumption in favor of one parent over the other in a custody dispute between two parents.
- Parent vs. Third Party Custody: There is a presumption that the parent will receive custody unless clear and convincing evidence suggests otherwise.
- Third Party vs. Third Party Custody: There is no presumption in custody disputes between two third parties.
Visitation Rights for Grandparents:
- Visitation generally refers to the rights of third parties such as grandparents or stepparents.
- Parent vs. Parent: For parents, the terms are primary custody and partial custody, with the non-custodial parent typically entitled to reasonable partial custody, unless it negatively impacts the child’s mental or physical health.
- Third-Party Visitation: The court may grant visitation rights to grandparents and stepparents, especially if they have had long-standing relationships with the child. The best interest of the child standard guides these decisions, and the court generally does not restrict visitation based solely on the parent’s cohabitation or sexual conduct.
- Visitation Rights for Grandparents:
- Grandparents may seek visitation when a parent is deceased, the marriage is dissolved, or the child has resided with them for at least a year.
- The court will prioritize the best interests of the child and give special weight to the parent’s judgment regarding whether visitation is in the child’s best interest.
Enforcement of Custody and Visitation Orders:
- Civil Court Orders: A civil court order may be issued for non-compliance with custody and visitation agreements. These orders may include fines, jail time, or other penalties.
- Violation Penalties: Those who violate visitation or custody orders may face attorney’s fees, court costs, and enforcement actions such as a driver’s license suspension.
- Interstate Custody Enforcement: Custody and visitation orders from other states will be enforced if registered according to the Federal Parental Kidnapping Prevention Act.
Contempt for Violation of Orders:
- If someone fails to comply with a custody or visitation order, they can be held in contempt of court. Consequences 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.
- Payment of attorney’s fees and court costs.
Child’s Preference:
- A child’s preference may be considered by the court, but it is just one factor in the overall custody determination. The weight of the child’s preference depends on their age and maturity.
Guardian ad Litem:
- In highly contested cases, the court may appoint a Guardian ad Litem (an attorney for the child). The attorney’s role is to advocate for the child’s preferences. Parents usually pay for the attorney’s fees.
How Divorce Lawyer R. Badet Can Help
If you’re a grandparent seeking custody or visitation rights, or if you’re involved in a custody battle, Divorce Lawyer R. Badet is here to assist you. With a deep understanding of family law, custody issues, and grandparents’ rights, he can provide personalized legal advice and represent your interests through every step of the legal process.
Contact R. Badet today for a free consultation to better understand your options and ensure the best outcome for your family:
Website: www.lawyersfordivorces.net
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