Grandparents Rights

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    Grandparents Rights in Montgomery County, PA

    Grandparents Rights!
    grandparents custdy

    In Pennsylvania, grandparents have a limited set of rights when it comes to their grandchildren. The rights of a grandparent are largely dependent of the status of the marital relationship between the parents of a child. Because of the complexity of the laws associated with grandparent's rights, it is important for a grandparent to obtain advice and assistance from a legal professional.

    One of the primary "rights" a Pennsylvania grandparent desires to try to assert is to visitation with a minor grandchild. A number of courts in the United States have ruled that state statutes permitting grandparent visitation are unconstitutional.

    The United States Supreme Court addressed the matter of grandparent visitation in the case of Troxel v. Granville, No. 99-138 (June 5., 2000). The case reach the U.S. Supreme Court after the Washington State Supreme Court ruled requiring grandparent visitation violates parents' fundamental rights to raise their families as they desire, interference by the government. The U.S. Supreme Court ruled that parents do possess a fundamental right to control their child's upbringing. This right extends to determining if and when a grandparent can visit a grandchild.

    In Pennsylvania, a grandparent's right to visitation is outlined in the Pennsylvania Custody and Grandparents' Visitation Act, 23 Pa. Cons. Stat. section 5301 et seq. (2007). The Pennsylvania law has been ruled constitutional by the United States Supreme Court.

    The Pennsylvania law provides very specific situations in which a court can order grandparent visitation. A Pennsylvania court can grant grandparent visitation in the following circumstances:

    - At least one of the child’s parents has died

    - The parents are divorced or have been separated for a period of more than six months

    - The child has resided with a grandparent for more than 12 months

    When it comes to the matter of grandparent visitation, even if one of these circumstances exist, the court must consider what is in the best interests of a child. Whether grandparent visitation is in the best interests of a child is determined on a case-by-case basis.

    A key consideration is whether permitting visitation will impact negatively the parent-child relationship. In the aftermath of the Troxel case, Judges will give greater weight to a parent’s desire to limit or restrict grandparent visitation.

    There exist a limited set of situations in which a grandparent can be awarded full legal and physical custody of a child in Pennsylvania. Again, the best interests of the child standard governs this issue. The court also needs to examine whether a grandparent has a genuine concern to care for the child and is not driven by some other inappropriate motivation.

    When it comes to grandparents rights, certain circumstances must exist for a grandparent to be granted full legal and physical custody. One situation is when a grandparent assumed a de facto parenting role of that minor for a period of at least 12 months. In the alternative, there must be a demonstration that a child lacks proper parental care. Finally, a demonstration can be made that the child's living situation presents a real risk to the minor. Evidence of this can include parental abuse or substance abuse on the part of the parent.

    Child custody orders are never permanent. If a grandparent is granted custody, a parent or other prior caregiver has the ability to return to court to try to change custody.

    Because of the tremendous complexity of laws associated with grandparent visitation, legal representation is vital. The legal team at the Law Offices of Michael Kuldiner, P.C. has extensive experience in this area of the law. An attorney from our firm will work tirelessly to obtain the best results possible in a grandparent rights case. To arrange a consultation, please give us a call at (610) 624-2300 or contact us by submitting the form at top left.

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