grandparents rights

[ShannonGardiner]

I live in Pennsylvania. My daughters paternal grandparents are seeking visitation. My daughters father is in and out of jail and rehab and is not a part of my daughters life. Her paternal grandparents are also not a consistent part of her life. They say alls they want is to see her which I agreed to at my house. However, they are not satisfied with that. They want unsupervised visits so they can bring her around whomever they like including the absentee father. My daughter does not know there extended family. I am trying to pursue schooling out of state and the grandparents have said they can keep me here until my childs 18th birthday. They have also said that as soon as there son gets out of jail and completes rehab he will sue me for custody. I have supported my daughter myself since she was born. Are they able to do this? What will they be granted (if anything)?What is the name of your state (only U.S. law)?

 

[LdiJ]

I live in Pennsylvania. My daughters paternal grandparents are seeking visitation. My daughters father is in and out of jail and rehab and is not a part of my daughters life. Her paternal grandparents are also not a consistent part of her life. They say alls they want is to see her which I agreed to at my house. However, they are not satisfied with that. They want unsupervised visits so they can bring her around whomever they like including the absentee father. My daughter does not know there extended family. I am trying to pursue schooling out of state and the grandparents have said they can keep me here until my childs 18th birthday. They have also said that as soon as there son gets out of jail and completes rehab he will sue me for custody. I have supported my daughter myself since she was born. Are they able to do this? What will they be granted (if anything)?What is the name of your state (only U.S. law)?

The grandparents CANNOT keep you in PA. That has been well established, even in PA.

However, if dad gets out and sues for custody, while he will not get primary custody he may very well get joint legal custody and parenting time, and HE could possibly keep you in PA.

 

[Antigone*]

I live in Pennsylvania. My daughters paternal grandparents are seeking visitation. My daughters father is in and out of jail and rehab and is not a part of my daughters life. Her paternal grandparents are also not a consistent part of her life. They say alls they want is to see her which I agreed to at my house. However, they are not satisfied with that. They want unsupervised visits so they can bring her around whomever they like including the absentee father. My daughter does not know there extended family. I am trying to pursue schooling out of state and the grandparents have said they can keep me here until my childs 18th birthday. They have also said that as soon as there son gets out of jail and completes rehab he will sue me for custody. I have supported my daughter myself since she was born. Are they able to do this? What will they be granted (if anything)?What is the name of your state (only U.S. law)?

For how much longer will dad be in jail & rehab?

 

[ShannonGardiner]

LDIJ-- Her father can get custody even if he has serious drug and alcohol issues? He has been in the hospital for overdoses and contracted hepatitis from sharing needles. I feel as tho he is at risk of endangering her if he is allowed to be with her.

ANTIGONE-- I am not sure how long his sentence is. This is the third or fourth time he has been. He has also never completed any rehab program he has been in.

 

[Silverplum]

LDIJ-- Her father can get custody even if he has serious drug and alcohol issues? He has been in the hospital for overdoses and contracted hepatitis from sharing needles. I feel as tho he is at risk of endangering her if he is allowed to be with her.

ANTIGONE-- I am not sure how long his sentence is. This is the third or fourth time he has been. He has also never completed any rehab program he has been in.

Yes. He's her father, not any other person in the world.

 

[Antigone*]

LDIJ-- Her father can get custody even if he has serious drug and alcohol issues? He has been in the hospital for overdoses and contracted hepatitis from sharing needles. I feel as tho he is at risk of endangering her if he is allowed to be with her.

ANTIGONE-- I am not sure how long his sentence is. This is the third or fourth time he has been. He has also never completed any rehab program he has been in.

He will always be her father. When we say custody, it does not mean that the man is going to come in and take the child. He will most likely have some say in what happens in his child's life. There is nothing wrong with that.

If there are no current court orders, then live your life as you want to live it and don't let these people bother you.

 

[ShannonGardiner]

I do agree to a point. He is incapable of making the right choice for himself. I didn't think he could be responsible for my child as well. He has been absent from her life and my fiance has cared for her for 5 of her 7 years of life. Thought there might be something else I could do to protect my daughter. Thanks for everyone's input. It has given me a lot to think about.

 

[Antigone*]

I do agree to a point. He is incapable of making the right choice for himself. I didn't think he could be responsible for my child as well. He has been absent from her life and my fiance has cared for her for 5 of her 7 years of life. Thought there might be something else I could do to protect my daughter. Thanks for everyone's input. It has given me a lot to think about.

It is nice that your fiance has cared for your child, that does not negate the fact that she already has a father. Your BF is merely someone who loves her not her dad.

You're welcome.

 

[Rushia]

Post less. Read more.

What state are you referring to where a parent must be deceased? Where is the statute and/or case law supporting your claim?

Silly misto, you will be waiting for a long time and I sincerely hope that you are not holding your breath.

 

[conflict101]

It is what it is

PA Title 23, Part VI, Chapter 53, Subchapter A, Section 5311. The law may have changed but when I learned it this is what I learned.



§ 5311.
When parent deceased [Effective for proceedings commenced before Jan. 24, 2011]

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 a 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.


I am sure you will still find a way to belittle me when I disclosed to OP the extent of my knowledge and that is fine, I'd rather be wrong and learn then just be wrong

 

[mistoffolees]

PA Title 23, Part VI, Chapter 53, Subchapter A, Section 5311. The law may have changed but when I learned it this is what I learned.



§ 5311.
When parent deceased [Effective for proceedings commenced before Jan. 24, 2011]

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 a 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.


I am sure you will still find a way to belittle me when I disclosed to OP the extent of my knowledge and that is fine, I'd rather be wrong and learn then just be wrong

Unfortunately, that does not say what you claim it says.

It says that when a parent is deceased that the grandparents could get visitation. But you said that the grandparents could get visitation ONLY when a parent is deceased - which is absolutely wrong in PA. Specifically, there are cases where a grandparent can get visitation in PA even if both parents are alive:
http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Pennsylvania.htm

 

[conflict101]

If the family is INTACT then the grandparents are going to have a harder time seeking visitation or partial custody, When one parent is deceased or they are separated then the grandparents will have an easier time getting those rights. You asked for the Statute and I gave that to you. Im sure there are cases where grandparents were able to get visitation or partial custody when both parents are alive, but OP was trying to stop them from getting visitation so I was quoting what I remembered from the basic statutue. Maybe now you should provide a case so we can see what kinds of examples you are talking about in case law. I doubt you will, I will hold my breath.

 

[Ohiogal]

PA Title 23, Part VI, Chapter 53, Subchapter A, Section 5311. The law may have changed but when I learned it this is what I learned.



§ 5311.
When parent deceased [Effective for proceedings commenced before Jan. 24, 2011]

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 a 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.


I am sure you will still find a way to belittle me when I disclosed to OP the extent of my knowledge and that is fine, I'd rather be wrong and learn then just be wrong

Hey cool. That is when a parent is deceased. HOWEVER, 5313 under Section 23 is what you really needed to have quoted:

Chapter 53 CUSTODY

Subchapter A GENERAL PROVISIONS


Current through Act 2010-85

§ 5313 When grandparents may petition


(a) Partial custody and visitation.--If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his 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.

(b) 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 if 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. This 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 has been determined to be a dependent child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or who assumes or deems it necessary to assume 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.

History. 1985, Oct. 30, P.L. 264, No. 66, § 1, effective in 90 days. Amended 1996, Oct. 16, P.L. 706, No. 124, § 6, effective in 60 days.


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Of course for visitation 5312 applies:

§ 5312 When parents' marriage is dissolved or parents are separated


In all proceedings for dissolution, subsequent to the commencement of the proceeding 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, 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 party and the child prior to the application.

History. 1985, Oct. 30, P.L. 264, No. 66, § 1, effective in 90 days.

Of course that was before Troxel. And though the grandparents have standing that does NOT mean they will get visitation. But thanks for playing. NOW try educating yourself, Conflict. Before you fall into the realm of one who will be banned for stupidity.

 

[Ohiogal]

If the family is INTACT then the grandparents are going to have a harder time seeking visitation or partial custody, When one parent is deceased or they are separated then the grandparents will have an easier time getting those rights. You asked for the Statute and I gave that to you. Im sure there are cases where grandparents were able to get visitation or partial custody when both parents are alive, but OP was trying to stop them from getting visitation so I was quoting what I remembered from the basic statutue. Maybe now you should provide a case so we can see what kinds of examples you are talking about in case law. I doubt you will, I will hold my breath.

WRONG! You gave an improper, IRRELEVANT statute that matters not. As for caselaw, try the US SUPREME COURT CASE LAW Troxel v. Granville.

Weight must be given to a fit parent's preference. Shall I continue? Or will you just keep flapping your stupid gums and spreading your ignorance with the hope of some day being correct?

 

[Rushia]

I responded as requested. It's your turn to bash me now.

If I had any intention of bashing you, I would have done so. The other members are well aware of my knowledge concerning GPV. I am not an attorney, just a person who lived through it. I am well aware of the statutes and case law and cases of people I have talked to. I am well versed in PA and NY as they are the two worst states for a parent in a GPV case.

My point is this: Stop posting if you do not know what you're talking about. Either look it up first OR don't post, it's that simple. Don't pat yourself on the back for opening up a discussion. The OP was answered correctly by the other posters until you came along spouting about Elder law which is NOT GPV. Elder law is about protecting.....Elders. GPV is about the best interests of the child (supposedly).