Do Grandparents Have Rights to Visitation in Pennsylvania?
Grandparents often play a vital role in their grandchildren’s lives, but grandparents’ rights to visitation with their grandchildren are secondary to the rights of the children’s parents – except when highly specific extenuating circumstances apply. Under certain conditions, grandparents do have some rights to visitation in the State of Pennsylvania, and a better understanding of these rights can help you better handle your own situation. If you have concerns about your rights to visitation with your grandchildren, discuss your situation with an experienced Harrisburg child custody attorney today.
The Parents’ Wishes
Federal and state laws grant parents very strong rights that are only denied when there is a significant reason for doing so. As such, the parents’ wishes regarding whom their children spend time with prevails, and this includes when they choose to cut grandparents out.
In Troxel v. Granville, the Supreme Court of the United States found that the State of Washington’s law allowing any third party to petition for the right to visitation with children was a violation of parents’ constitutional rights. In other words, parents’ wishes are generally granted controlling power.
In The State of Pennsylvania
The State of Pennsylvania has a Grandparent Visitation Act in place that continues to withstand constitutional challenges. A grandparent in Pennsylvania can seek visitation with their grandchildren, which is also called partial custody, whenever one of the following applies:
- At least one of the children’s parents has died.
- The children’s parents have been separated or divorced for at least six months.
- The children’s parents filed a separation or divorce action at least six months ago.
- The children have resided with the grandparent for at least 12 consecutive months.
As with all legal actions that involve children, the grandparent who is seeking visitation must demonstrate that it’s in the children’s best interests and doesn’t interfere with the parent-child relationship.
Seeking Full Custody of the Children
There are also instances when grandparents seek full custody of their grandchildren as a result of either abuse or neglect. In Pennsylvania, this is a possibility only when one of the following applies:
- The grandparent has a close relationship with the children, which was either encouraged by one of their parents or by the court.
- The grandparent currently has physical custody of the children or is willing to take custody of the children.
Additionally, at least one of the following conditions must be met:
- The children are dependents under the age of 18.
- The children are at substantial risk of parental abuse or neglect.
- The children have lived with the grandparent for at least 12 consecutive months.
Even if the grandparent meets each of the qualifications above, the court must determine that granting the grandparent custody is in the children’s best interests.
An Experienced Harrisburg Child Custody Attorney Is on Your Side
The formidable Harrisburg child custody attorneys at Purdy Law Office are well prepared to skillfully advocate for your visitation rights with your grandchildren and will leave no stone unturned in our focused efforts to make this happen. To learn more, please don’t hesitate to contact us online or call us at 717-527-5751 today.