Do Grandparents Have Custody or Visitation Rights in Pennsylvania?
With the prevalence of divorce, the traditional family consisting of two parents and their children living in the same household is becoming a thing of the past. What is important, above all else, is that children feel accepted, loved, and valued for what they have to offer to the world. In most situations, divorced couples are granted custody or visitation rights, allowing them to be a constant presence in their child’s life.
Each family has their own unique challenges. Under some circumstances, having a child raised by their grandparents may be in their best interest. If you are seeking custody rights of your grandchildren, do not hesitate to contact our Harrisburg child custody attorneys at your earliest convenience.
Custody Rights in Harrisburg, PA
Custody arrangements are usually codified in a custody order. A custody order is a binding document issued by the court that specifies who the child will live with and how significant decisions regarding the child’s well-being will be handled. A custody order is typically developed based on an agreement made by both parents (known as a parenting plan).
A custody order provides instructions regarding two aspects of a child’s upbringing:
Physical Custody
This type of custody determines who the child will spend time with. A visitation schedule will be included, specifying parenting times and how drop-offs and pick-ups will be coordinated. Generally, the court wants both parents to have equal access to the child, promoting a nurturing relationship between each parent and the child.
However, in situations of past physical abuse, substance abuse, or mental health disorder, the court may grant sole physical custody to one parent or grandparent. Partial physical custody will apply if a child lives with a parent or grandparent for less than 50% of the time.
Legal Custody
Legal custody pertains to how decisions regarding a child’s upbringing will be managed. This would involve major decisions concerning the child’s education, medical needs, religious instruction, and travel arrangements. Legal custody is often shared between both parents, but one parent can be granted sole custody if the other parent is deemed unfit.
When Can a Grandparent Seek Custody?
A grandparent who seeks partial physical custody of their grandchild will only have the child living with them for short periods of time or infrequently. This may include holidays, weekends, or 1-2 weekdays. To seek partial custody, a grandparent must have standing (the right to bring a lawsuit in court).
Under the Grandparents Visitation Act, a grandparent has standing in a custody battle under any of the following circumstances:
- One of the child’s parents is deceased
- The child’s parents have filed for divorce or have been separated for at least six months
- The child has resided with the grandparent(s) for at least twelve months
Partial Physical Custody or Supervised Physical Custody
Pennsylvania law permits grandparents and great-grandparents the right to seek partial physical custody or supervised physical custody. Supervised physical custody would involve a third party (typically the parent) monitoring the child’s time with the grandparent or great-grandparent.
Partial physical custody or supervised physical custody may be granted if the court deems the parents unfit to take care of their child or if either parent is deceased. The circumstances behind this law are complicated, making it essential that you speak with a Harrisburg child custody attorney who can review your legal options.
Seeking Custody or Visitation Rights of Your Grandchild? Speak with our Harrisburg Child Custody Attorneys Today
If you have concerns regarding your grandchild’s welfare, our legal team is here to assist you. At Purdy Law Office, LLC, our main concern is making the best choices for each child that crosses our path.
When you work with our Harrisburg child custody lawyers, we will take the time to hear your concerns and develop a strategy that is in the best interest of all involved. Do not let your grandchildren remain in a poor living situation. To arrange your meeting, contact us online or give us a call at (717) 674-2885 today.