Grandparent Rights in Family Law Matters in Pennsylvania

Pittsburgh Grandparents Rights Lawyer

Most often the relationship between a grandparent and his or her grandchild provides an
opportunity for bonding between the generations. But when a couple separates or
divorces, the relationship is often disrupted, as the courts must determine custody of the
children and the visitation rights of the non-custodial parent. All too often, a grandparent
who has already forged a bond with his or her grandchildren may be left out of a court
order or settlement agreement. At Hanna & Elliott, we have significant experience
handling grandparent claims in family court, and attempt to keep everyone’s best
interests in mind, especially those of a grandchild caught at the center of the process.

We will fight as hard as we can for the most important people in your life – your children
and grandchildren. We know they mean more to you than anything else, and if there is to
be a custody dispute, you need the experience and tenacity of our attorneys on your
side. Contact Sweeney Law Offices today to learn about your rights as a grandparent or
a father in visitation, divorce, or custody matters.

In Pennsylvania the law is clear when it comes to the rights of grandparents.

When a parent has passed away.

If a parent of an unmarried child is deceased, the parents or grandparents of the
deceased parent may be granted reasonable partial custody or visitation rights, or both,
to the unmarried child by the court upon finding that partial custody or visitation rights, or
both, would be in the best interest of the child and would not interfere with the
parent-child relationship. The court shall consider the amount of personal contact
between the parents or grandparents of the deceased parent and the child prior to the
application.

When a parent’s marriage is dissolved or parents are separated

In all proceedings for dissolution, subsequent to the commencement of the proceedings
and continuing thereafter or when parents have been separated for six months or more,
the court may, upon application of the parent or grandparent of a party, grant reasonable
partial custody or visitation rights, or both, to the unmarried child if it finds that visitation
rights or partial custody would be in the best interest of the child and would not interfere
with the parent-child relationship. The court shall consider the amount of personal
contact between the parents or grandparents of the party and the child prior to the
application.

When child has resided with grandparents

If an unmarried child has resided with the grandparents or great-grandparents for a
period of 12 months or more and is subsequently removed from the home by his or her
parents, the grandparents or great-grandparents may petition the court for an order
granting them reasonable partial custody or visitation rights, or both, to the child. The
court shall grant the petition if it finds that visitation rights would be in the best interest of
the child and would not interfere with the parent-child relationship.

Physical and legal custody

A grandparent has standing to bring a petition for physical and legal custody of a
grandchild. If it is in the best interest of the child not to be in the custody of either parent
and it is in the best interest of the child to be in the custody of the grandparent, the court
may award physical and legal custody to the grandparent. The subsection applies to a
grandparent:

(1) who has genuine care and concern for the child;

(2) whose relationship with the child began with the consent of a parent of the child or
pursuant to an order of court; and

(3) who for 12 months has assumed the role and responsibilities of the child’s parent,
providing for the physical, emotional and social needs of the child, or who assumes the
responsibility for a child who is substantially at risk due to parental abuse, neglect, drug
or alcohol abuse or mental illness. The court may issue a temporary order pursuant to
this section.

Grandparents raising grandchildren face significant obstacles in their role as “substitute
parents.” In addition to the social and economic challenges, grandparents must deal with
a complicated set of legal issues when they do not have legal custody of the
grandchildren they are raising. If you have questions and concerns regarding your legal
rights as a grandparent, contact our Pennsylvania grandparents’ rights attorney via email
or phone us today at 724-378-1555.

At Hanna & Elliott we have helped grandparents throughout western Pennsylvania in
matters involving child custody and visitation matters. Pittsburgh grandparents’ rights
attorney, David Hanna is well-known for his effective advocacy on behalf of grandparents
who are also caregivers. Attorney Hanna speaks at CLE course class training for other
lawyers regarding family law issues, including grandparents’ rights. We represent the
legal rights and needs of grandparents who have become primary or occasional
caregivers. Our Pittsburgh and Beaver County law offices handle matters involving
parents with drug abuse problems, parents in jail, or other forms of ineffectual parenting.

We are experienced in grandparents’ rights issues including:

Guardianship subsidies
Respite care
Medical consent laws
Educational consent laws
De facto custodian laws
Standby guardianship laws