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  1. #1
    trs73 is offline Junior Member
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    Grandparent Visitation rights

    Pennsylvania

    My wife's father is threatening legal action to force visitation with his grandchildren (our children). The grandfather lives in CT and we live in PA. My wife and I are happily married and have a stable home. My wife doesn't want her father to see our children because he is an alcoholic and has been abusive to her for most of her life.

    Does he have legal grounds to force visitation and will we be required to retain counsel to defend his legal action? We do not have funds to retain counsel.What is the name of your state (only U.S. law)?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by trs73 View Post
    Pennsylvania

    My wife's father is threatening legal action to force visitation with his grandchildren (our children). The grandfather lives in CT and we live in PA. My wife and I are happily married and have a stable home. My wife doesn't want her father to see our children because he is an alcoholic and has been abusive to her for most of her life.

    Does he have legal grounds to force visitation and will we be required to retain counsel to defend his legal action? We do not have funds to retain counsel.What is the name of your state (only U.S. law)?
    He has no inherent rights to your children. If he pushes the issue and takes you to court, retain counsel. Ask that he be responsible for paying your attorney's fees.
  3. #3
    InfantCustody is offline Member
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    How old are the children and what has his past relationship been with the children?

    If he files a motion, you are not required to obtain legal counsel, but would be well advised to do so.
  4. #4
    Proserpina is offline Senior Member
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    Quote Originally Posted by InfantCustody View Post
    How old are the children and what has his past relationship been with the children?

    If he files a motion, you are not required to obtain legal counsel, but would be well advised to do so.


    Specially in Pennsylvania.

  5. #5
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Antigone* View Post
    He has no inherent rights to your children. If he pushes the issue and takes you to court, retain counsel. Ask that he be responsible for paying your attorney's fees.
    I agree.

    Note that PA does allow for grandparents to get visitation rights, but only in fairly unusual circumstances - such as when the grandparent has had the child essentially full time for a year or so:
    [url=http://www.cantormeyer.com/PracticeAreas/Grandparents-Rights.asp]Pennsylvania Grandparents Rights Lawyer | Media PA Child Custody Visitation Attorney | Springfield Newtown Philadelphia[/url]
  6. #6
    Proserpina is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    I agree.

    Note that PA does allow for grandparents to get visitation rights, but only in fairly unusual circumstances - such as when the grandparent has had the child essentially full time for a year or so:
    [url=http://www.cantormeyer.com/PracticeAreas/Grandparents-Rights.asp]Pennsylvania Grandparents Rights Lawyer | Media PA Child Custody Visitation Attorney | Springfield Newtown Philadelphia[/url]

    I think the reality might be a little different, misto - PA appears to be second only to NY in trampling over the rights of the legal parents.

    I mean "awarding GPV over the wishes of the parents".

  7. #7
    trs73 is offline Junior Member
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    Grandparent visitation rights

    Children's ages are 8 and 5. Grandfather doesn't have a close relationship with grandkids and sees them a few times per year when we visit. He has stopped by our house two or three times in a year for maybe 15 minutes.
  8. #8
    LdiJ is online now Senior Member
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    Quote Originally Posted by Proserpina View Post
    I think the reality might be a little different, misto - PA appears to be second only to NY in trampling over the rights of the legal parents.

    I mean "awarding GPV over the wishes of the parents".

    Yep...PA sure is. They even call it "partial custody"...shudder.
  9. #9
    Proserpina is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Yep...PA sure is. They even call it "partial custody"...shudder.


    That is wrong on SO many levels.

    Grrrr. Y'know, I truly do admire the notion that it takes a village to raise a child. The more people to love and care for the child, the better.

    But I'm a much bigger supporter of the parents absolute right to raise their child as they see fit, without interference. If they say "no grandparents, thank you very much", that should be the end of it unless there are exceptional circumstances.

    (Such as the grandparents having raised the child, etc)

    #endrant.




    OP, if you get served PLEASE come back and let us know. Also, do NOT agree to anything in mediation (which you'd likely be forced into if they do file suit). Stand your ground.
  10. #10
    TheGeekess is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Yep...PA sure is. They even call it "partial custody"...shudder.
    Would PA consider grandparent visitation even in an intact family situation (which is what the OP has)?
  11. #11
    LdiJ is online now Senior Member
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    Quote Originally Posted by TheGeekess View Post
    Would PA consider grandparent visitation even in an intact family situation (which is what the OP has)?
    Yep...even intact families are not safe from gpv suits. They have a greater chance of winning them, but they are not safe from them. Heck, there was one PA judge who even tried to stop a mother from relocating because it would have a negative effect on the grandparent's ability to visit. (dad had passed away)

    That one seriously backfired on the judge because it got the whole legal world into a tizzy, nation wide, but that gives you a clue as to just how bad it is in PA.
  12. #12
    >Charlotte< is offline Senior Member
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    How likely is Pennsylvania to award "partial custody" (wow) to an abusive alcoholic? I know, I know...."proof"....but, still...

    TRS73--any documented legal issues for him? Habitual drunk driver? Etc.?

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