GRANDPARENT RIGHTS

Grandparents' rights to visitation in Pennsylvania are governed by the Pennsylvania Custody and Grandparents' Visitation Act. This Act declares it to be the public policy of the Commonwealth of Pennsylvania to assure continuing contact between both parents and the sharing of rights and responsibility of child rearing by both parents. The Custody and Grandparents' Visitation Act has legalized the claim of grandparents to be awarded reasonable visitation rights with an unmarried child, if the award is in the child's best interest and it will not interfere with the parent-child relationship. The Act has application in three situations: (1) a parent has died; (2) the parents are divorced or have been separated for six months or more; (3) the child has resided with grandparents for twelve months or more and is subsequently removed from the home by his or her parents.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM at (814) 459-4411.

A Court has no power under the Act to order grandparent visitation where both parents are alive, reside together with their children, and object to visitation.

In any proceedings brought by grandparents or others under the Act, hostility and animosity between the contestants may be sufficient to preclude grandparents' visitation or partial custody or visitation upon a finding that the relationship will be hurt. The Court will look closely at the allegations of animosity by the parents to make sure that they are well-founded and not self-serving.

The primary issue in determining whether or not grandparents will be entitled to periods of partial custody or visitation is the best interest and permanent welfare of the children involved. The Courts have consistently stated that it is in the children's best interest to preserve and nurture those relationships which are meaningful while avoiding situations which might prove harmful.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411.