In Philadelphia, grandparents may seek custody or visitation rights in certain situations where it is in the best interest of the child. Here are key points to understand about grandparents’ rights in child custody matters:
Grandparents Seeking Custody:
The court may grant custody to a grandparent under specific conditions:
- Parental Consent: The grandparent must have begun the relationship with the child with the consent of a parent or by a court order.
- Responsibility for the Child: The grandparent must have assumed or be willing to assume responsibility for the child.
- Conditions for Custody:
- The child has been determined to be dependent under the statutes related to juvenile delinquency.
- The child is at significant risk due to issues such as parental incapacity, neglect, drug or alcohol abuse.
- The grandparent has taken on the role of a parent for at least 12 months.
Presumptions in Child Custody Cases:
- Between Two Parents: There is no presumption in favor of either parent in a custody battle. The court will evaluate the child’s best interests.
- Between a Parent and Third Party (e.g., grandparent): The presumption is that the parent will retain custody. However, this presumption can be overcome by clear and convincing evidence showing that it is not in the child’s best interest for the parent to have custody.
- Between Two Third Parties (e.g., two grandparents): No presumption in favor of either party.
Visitation Rights:
- Parent vs. Parent: The term used is “primary custody” and “partial custody.”
- Non-Custodial Parent: The non-custodial parent generally has reasonable partial custody, unless it negatively impacts the child’s mental or physical health.
- Denial of Visitation: Denial of partial custody is rare and typically occurs in cases involving physical or sexual abuse.
- Visitation Conditions: Courts can impose restrictions on the time, place, and circumstances of visitation.
- Moving Out of State: If moving out of state benefits the child or parent, it may be allowed, but it should not be an attempt to avoid visitation.
Third-Party Visitation (Including Grandparents and Stepparents):
- Visitation Rights for Grandparents: Courts may grant visitation if:
- One parent is deceased.
- The parents’ marriage is dissolved.
- The child has lived with the grandparent for at least one year.
- The grandparent must prove it is in the best interests of the child and that the visitation does not interfere with the parent-child relationship.
- Courts give special weight to the parent’s decision about whether third-party visitation is in the child’s best interests.
Enforcement of Visitation Orders:
- Court Orders: Civil court orders can enforce visitation rights, threatening fines or jail time for non-compliance.
- Attorney’s Fees and Costs: A party violating visitation orders may be required to pay attorney’s fees and court costs.
- Interstate Enforcement: Custody and visitation orders from other states are enforceable in Philadelphia if the order has been properly registered (as required by the Federal Parental Kidnapping Prevention Act).
Contempt for Violation of Child Custody Orders:
- A party who willfully fails to comply with any custody order can be held in contempt.
- Punishment for contempt 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:
The child’s preference is considered in custody determinations, but it is just one of many factors. The weight of the child’s preference depends on the child’s age and maturity level.
Appointment of Guardian ad Litem:
In highly contested custody cases, the court may appoint an attorney for the child. The guardian’s role is to advocate for the child’s best interests and preference. Typically, the parents will bear the costs for this attorney’s fees.
How Divorce Lawyer R. Badet Can Help:
Divorce Lawyer R. Badet is a seasoned attorney specializing in family law, including child custody and grandparents’ visitation rights. He is dedicated to protecting his clients’ rights and can guide you through every stage of the custody process. With his experience, he helps ensure that the child’s best interests are met and that your rights are upheld in court.
For a free consultation, visit www.lawyersfordivorces.net or call for more information on your legal options.
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