David K. Lucas & Associates
PLLC
GRANDPARENT RIGHTS
Requesting Custody and Visitation of Grandchildren
Generally, it is very difficult for a third party to obtain custody rights over a minor child. In Pennsylvania, there are certain exceptions to the general rule, and one set of exceptions applies to grandparents requesting custody or visitation rights for their grandchildren.
The Pennsylvania State Legislature has recognized that grandparents develop a special relationship with their grandchildren and that this relationship needs to be protected under certain circumstances.
Grandparents are mentioned in the law as being eligible for two specific kinds of custody:
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Partial physical custody
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Supervised physical custody (visitation)
Grandparents may file for partial physical custody or supervised custody in the following situations:
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where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section;
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where the relationship with the child began either with the consent of a parent of the child or under a court order and where the parents of the child:
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(i) have commenced a proceeding for custody; and
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(ii) do not agree as to whether the grandparents or great-grandparents should have custody under this section; or
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when the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, an action must be filed within six months after the removal of the child from the home.
If any of these circumstances exist, a grandparent is entitled to request custody/visitation from the Court.
If you have questions concerning grandparents rights in Pennsylvania, call our office at 724-836-3300 or visit our contact page.
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