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Related: Grandparent Visitation Schedule

What rights grandparents have in The Commonwealth of Pennsylvania?

For grandparents in Pennsylvania, the desire to maintain a meaningful relationship with their grandchildren is undeniable. However, understanding and securing grandparent rights in the state can be akin to deciphering a complex map. This guide aims to shed light on the legal pathways, equipping grandparents with the knowledge and resources needed to build and sustain connections with their grandchildren.

 

Definition and Challenges

• Grandparents' rights encompass legal recognition of their interest in maintaining a relationship with their grandchild.
• Legal considerations include the absence of automatic visitation or custody rights, requiring grandparents to navigate challenges such as the "substantial relationship" requirement and the "best interests of the child" standard.
• Historical context highlights the evolution of grandparents' rights in Pennsylvania, acknowledging their crucial role in children's lives.

 

The Legal Basis

• Overview: Understanding the legal framework is essential, with Pennsylvania courts relying on statutes and case law to determine visitation and custody matters.
• Statutory Provisions: Key statutes like the Grandparent Visitation Act (31 P.S. § 1311) and the Domestic Relations Code (23 Pa.C.S. §§ 5311-5315) outline legal avenues for grandparents, emphasizing factors courts consider in decision-making.
• Legal Decision-Making: Courts weigh multiple factors, including the quality of the grandparent-grandchild relationship, reasons for seeking visitation or custody, impact on the child's well-being, and family dynamics.

 

Qualifying for Custody or Visitation

• Factors Prompting Legal Action: Grandparents may seek legal intervention due to divorce, the death of a parent, neglect or abuse concerns, or strained family relationships.
• Specific Situations and Legal Pathways: The Grandparent Visitation Act and the Domestic Relations Code provide legal avenues for visitation and custody, with additional considerations established through case law (Dietrich v. Dietrich, 17 Pa. D. & C.4th 270, 23 Pa. Cons. Stat. § 5312).

 

Misconceptions about grandparents' rights

Navigating the legal landscape can be further complicated by common misconceptions about grandparents' rights:

• Misconception: Grandparents automatically have visitation rights.
  • Reality: Pennsylvania doesn't grant automatic rights. Grandparents must prove a substantial relationship and demonstrate the child's best interests are served.
• Misconception: Grandparents can easily get custody.
  • Reality: Custody is granted only in exceptional circumstances and requires proving parental unfitness.
• Misconception: Legal action is always necessary.
  • Reality: Mediation or family therapy can often resolve issues without legal proceedings.

 

When to ask for visitation or custody

Grandparents in Pennsylvania may consider seeking legal involvement under the following circumstance:

 

Limited Options When Parents Live Together:

• If the child's parents are alive and residing together, and the child has never lived primarily with the grandparent, legal options for visitation or custody are generally limited.

 

Opening Doors to Visitation:

• Parental Death: When a parent passes away, the surviving parent may not prioritize the grandparent-grandchild bond, prompting grandparents to seek visitation rights to maintain the connection.
• Divorce or Separation: In cases of divorce or separation that have lasted for at least six months, grandparents may petition for visitation if they have a "substantial relationship" with the child and believe their involvement is in the child's best interests.
• Living Arrangements: If a grandchild has resided with the grandparent for 12 consecutive months and then is removed, the grandparent may have legal grounds to seek visitation.

 

Seeking Custody:

• Grandparent's Genuine Care and Concern: When a grandparent demonstrates genuine concern and a strong existing relationship with the child, they may consider pursuing custody, but additional factors apply.
• Parental Consent or Court Order: The relationship with the grandchild must have begun with parental consent or a court order.
• Demonstrating a Supportive Role: Grandparents seeking custody must meet at least one of the following criteria:
  • Parental Role for 12 Months: Having assumed the role and responsibilities of a parent for at least 12 months, providing for the child's physical, emotional, and social needs.
  • Responsibility for a Dependent Child: Taking responsibility for a child adjudicated dependent through Child Protective Services.
  • Substantial Risk to the Child: Having valid concerns about the child's safety due to parental abuse, neglect, drug or alcohol abuse, or mental illness.

 

What if a grandparent needs urgent custody?

Acting promptly is crucial for grandparents seeking visitation or custody rights, especially if the grandchild's parent has been absent for six months. In such cases, court proceedings may commence for the termination of the parent's rights, though not automatic. Termination is legally permitted under specific circumstances, such as the parent's failure to fulfill parental duties during the preceding six months. Grandparents can play a vital role in preventing this by supporting their son or daughter's efforts to stay in touch with the child during involuntary absence due to illness, incarceration, or military deployment. Custodial grandparents can facilitate communication and demonstrate a stable, loving home until the parent's return. In situations where another individual seeks custody, grandparents may receive a notice through court papers, providing guidance on how to object to the proposed action.

 

Can grandparents lose their rights?

In contrast to permanent parental rights, custody arrangements are inherently temporary. The validity of a custody order persists until the court issues a new directive. Modification or changes to existing visitation or custody orders can be pursued by filing a petition for modification. Family members, in subsequent legal proceedings, can present compelling reasons for the court to consider altering the original order, especially when circumstances have evolved. For instance, if a grandparent is granted legal custody while a parent is incapacitated, the court may restore custody to the parent upon their release, provided they can demonstrate a restored ability to provide a stable home.

 

The legal framework also accommodates flexibility. A grandparent, under certain circumstances, may seek partial or shared custody with one of the grandchild's parents. With shared or partial custody, the grandparent assumes decision-making authority for the grandchildren when necessary. Collaboration with the custodial parent is encouraged, and the court considers a commitment to cooperation as a vital factor when determining whether to grant a grandparent's request for custody.

 

What factors are considreed before granting the custody or visitation rights?

• Assessing the quality of the relationship between the child and each parent, grandparent, or individual seeking custody.
• Examining the current dynamics between parents or grandparents and their respective families, along with the child's connections with those relatives.
• Considering the educational and professional backgrounds of both grandparents and parents.
• Exploring the history of the parents' relationship and the reasons behind their separation.
• Reviewing the individual roles that each parent and grandparent played in the child's upbringing during cohabitation and their roles post-separation.
• Evaluating the mental, emotional, and physical well-being of each parent and grandparent, including any professional healthcare treatments they may have undergone.
• Examining the religious training and practices of each parent and grandparent, along with their perspectives on these matters concerning the child.
• Scrutinizing the personal relationships of each parent and grandparent with other significant adults, the stability of these relationships, and their impact on the child.
• Analyzing the stability and quality of the current or proposed living arrangements, the neighborhood, and the schooling environment.
• Reviewing the child's academic performance history.
• Examining the child's relationships with other siblings or step-siblings.
• Considering the child's involvement in extracurricular activities.
• Assessing the child's existing friendships or the potential for forming new ones in a different environment.
• Evaluating the child's current physical, emotional, and mental health, including any treatments received.
• Taking into account the expressed preferences of the age-appropriate child.

 

Are parental rights lost if a grandparent is granted custody or visitation rights?

No, It is crucial to recognize that being granted visitation or legal custody of a grandchild does not result in the termination of parental rights for the child's parents. These are distinct legal concepts, and only a court possesses the authority to revoke parental rights, typically under severe circumstances. Parental rights encompass the authority to guide the child's upbringing, implement discipline, and manage the child's earnings, while parental duties involve providing support, control, sustenance, and affection. Even if a grandparent is granted legal custody of a grandchild, parents retain their rights and responsibilities.

 

How to request the custody as a grandparent?

Steps Required to Request Custody:

• Choose the Appropriate Method:
  • If there is an existing custody order, file a petition to the court to change the order.
  • If there is no custody order in place, file a complaint to request custody.
• Filing the Request:
  • File a custody complaint or petition in the Court of Common Pleas of the county where the child resides.
  • Attend mandatory seminars on custody if required by the county.
  • Pay necessary filing and training fees, or request fee waivers if needed.
• Service of Complaint or Petition:
  • Serve copies of the complaint or petition to the parents or custodians of the grandchild.
  • The person filing is the "plaintiff" or "petitioner," and the parents or custodians are the "defendants" or "respondents."
• Response from Parents or Custodians:
  • Parents and custodians who are served may choose to oppose the grandparent's action.
  • If opposing, they should serve the grandparent with a copy of their response outlining their objections.
• Trip to Court:
  • After filing, the court schedules an initial conference or hearing, the nature of which may vary based on the type of custody sought and whether it's an initial or modification case.
  • Follow the court's procedures, which may involve an informal office conference or a more formal conference with an appointed officer.
  • Consult the Pennsylvania Rules of Court (Rules 1915.1 through 1915.18) for guidance.
• Preparation for Court:
  • Before the hearing or conference, review the filed papers.
  • Bring records such as rent receipts, utility bills, pay stubs, and receipts for child-related expenses.
  • Gather school records, report cards, and any information showcasing the grandchild's well-being.
  • Document the grandparent's provision for the child's physical, emotional, moral, social, intellectual, and spiritual needs.
  • Consider whether the child should attend the hearing, keeping in mind potential interactions and rules set by the Court Administrator.

 

FAQ

Q: Do I automatically have visitation or custody rights to my grandchildren in Pennsylvania?

A: No, Pennsylvania doesn't grant automatic rights. You may have legal pathways depending on specific circumstances, like if the parents are divorced, separated, or deceased.

Q: When can I seek visitation?

A: You can petition for visitation if you have a "substantial relationship" with the child and believe it's in their best interests. This can happen in various situations, like divorce, separation, or if the child lives with just one parent.

Q: Can I seek custody of my grandchild?

A: Yes, but it's a complex process with a high burden of proof. You'll need to demonstrate genuine care for the child, a strong existing relationship, and potentially meet specific criteria like assuming a parental role for at least 12 months or addressing concerns about the child's safety.

Q: How can I strengthen my case for visitation or custody?

A: Document your existing relationship with the child through photos, videos, emails, and travel receipts. Consulting an experienced family law attorney specializing in grandparent rights is crucial.

Q: Where can I find more resources for grandparents in Pennsylvania?

A: Valuable resources include:

• Pennsylvania Bar Association Family Law Section: https://www.pabar.org/site/For-Lawyers/Sections/Family-Law-Section/About
• The Grandparents' Rights Center of Pennsylvania: https://www.divorcenet.com/resources/do-grandparents-have-visitation-rights-pennsylvania.html
• Legal Aid of Pennsylvania: https://www.palawhelp.org/

 

 

Grandparents' Rights By State

• California
• Florida
• New York
• Texas
• Pennsylvania

 

Warning:  This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.