-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
grandparents rights
- Thread starter Fredath
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
>Charlotte<
Lurker
Your grandchild has two parents. What is your son's position? If they are separated, you can see your grandchild during your son's visitation.
Grandma's house
Member
Grandparents' Custody Rights in Pennsylvania
Currently, Pennsylvania recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchildren. The grandparents must prove that the requested custody would be in the best interests of the minor child or children and would not interfere with the relationship between the parent and child.
One of the most recent cases involving grandparents' rights evolved through the Armstrong County courts. In the case of K.B., II, K.B. and B.B. v. C.B.F., the Armstrong County trial court judge awarded primary physical custody of a minor child to his paternal grandparents even though the trial judge found the child's mother to be fit. Attorney Vari was hired to represent the mother to file an appeal to the Pennsylvania Superior Court. In the Superior Court, Attorney Vari argued that only if a parent is declared unfit should grandparents have the right to seek primary physical custody of their minor grandchildren. While Attorney Vari was successful in having the minor child returned to the custody of his mother, the Superior Court of Pennsylvania held that grandparents have the right to sue parents for primary physical custody of their grandchildren even if the parents are deemed to be fit parents. On January 2, 2004, the Pennsylvania Supreme Court agreed to review the Superior Court's ruling on the K.B., II, K.B. and B.B. v. C.B.F. case.
After the United States Supreme Court case of Troxel v. Granville was decided, some parents have argued that it is unconstitutional for a state court to award even partial custody or visitation to grandparents if the parent disagrees with the grandparents' request for partial custody or visitation. The Pennsylvania Supreme Court has not yet decided whether Pennsylvania's grandparent visitation statutes are constitutional in light of the Troxel case although there are recent Superior Court opinions finding the statutes constitutional.
ADDITIONAL INFO. (PA. IS PROBABLY ONE OF THE BEST STATES TO AWARD G.P. VISITATION HOWEVER IF YOU AND CHILDS DAD ARE STILL TOGETHER IS YOUR ACE. (IF YOU DO NOT WANT THIS)
PA Grandparents' Rights
Pennsylvania recognizes the rights of PA grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchild or grandchildren. The grandparents must prove that the requested custody would be in the best interests of the minor grandchild or grandkids and would not interfere with the relationship between the parent and the minor child.
Pennsylvania Grandparent's Partial Custody and Visitation
After the United States Supreme Court case of Troxel v. Granville was decided, some parents and their attorneys have argued that it is unconstitutional for a state court to award even partial custody or visitation to grandparents if the parent disagrees with the grandparents' request for partial custody or visitation. Florida and some other states that have directly confronted the issue have determined that it is unconstitutional to force a fit parent to be compelled to allow contact with their minor children's grandparents. The Pennsylvania Supreme Court in the case of Hiller v. Fausey has recently ruled that the Pennsylvania Grandparent Visitation Statutes are constitutional and are a means to protect the emotional well-being of children who have been estranged from their grandparents. Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three circumstances: (1) if either of the child's or children's parents are deceased; (2) if the parents have never married, are married but separated for more than six months, or are divorced; or (3) the grandchildren have resided with the grandparents for more than 12 months and then were removed from the home. Unfortunately, there is no right to compel grandparent partial custody or visitation if the parents are residing together in an intact marriage.
Currently, Pennsylvania recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchildren. The grandparents must prove that the requested custody would be in the best interests of the minor child or children and would not interfere with the relationship between the parent and child.
One of the most recent cases involving grandparents' rights evolved through the Armstrong County courts. In the case of K.B., II, K.B. and B.B. v. C.B.F., the Armstrong County trial court judge awarded primary physical custody of a minor child to his paternal grandparents even though the trial judge found the child's mother to be fit. Attorney Vari was hired to represent the mother to file an appeal to the Pennsylvania Superior Court. In the Superior Court, Attorney Vari argued that only if a parent is declared unfit should grandparents have the right to seek primary physical custody of their minor grandchildren. While Attorney Vari was successful in having the minor child returned to the custody of his mother, the Superior Court of Pennsylvania held that grandparents have the right to sue parents for primary physical custody of their grandchildren even if the parents are deemed to be fit parents. On January 2, 2004, the Pennsylvania Supreme Court agreed to review the Superior Court's ruling on the K.B., II, K.B. and B.B. v. C.B.F. case.
After the United States Supreme Court case of Troxel v. Granville was decided, some parents have argued that it is unconstitutional for a state court to award even partial custody or visitation to grandparents if the parent disagrees with the grandparents' request for partial custody or visitation. The Pennsylvania Supreme Court has not yet decided whether Pennsylvania's grandparent visitation statutes are constitutional in light of the Troxel case although there are recent Superior Court opinions finding the statutes constitutional.
ADDITIONAL INFO. (PA. IS PROBABLY ONE OF THE BEST STATES TO AWARD G.P. VISITATION HOWEVER IF YOU AND CHILDS DAD ARE STILL TOGETHER IS YOUR ACE. (IF YOU DO NOT WANT THIS)
PA Grandparents' Rights
Pennsylvania recognizes the rights of PA grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchild or grandchildren. The grandparents must prove that the requested custody would be in the best interests of the minor grandchild or grandkids and would not interfere with the relationship between the parent and the minor child.
Pennsylvania Grandparent's Partial Custody and Visitation
After the United States Supreme Court case of Troxel v. Granville was decided, some parents and their attorneys have argued that it is unconstitutional for a state court to award even partial custody or visitation to grandparents if the parent disagrees with the grandparents' request for partial custody or visitation. Florida and some other states that have directly confronted the issue have determined that it is unconstitutional to force a fit parent to be compelled to allow contact with their minor children's grandparents. The Pennsylvania Supreme Court in the case of Hiller v. Fausey has recently ruled that the Pennsylvania Grandparent Visitation Statutes are constitutional and are a means to protect the emotional well-being of children who have been estranged from their grandparents. Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three circumstances: (1) if either of the child's or children's parents are deceased; (2) if the parents have never married, are married but separated for more than six months, or are divorced; or (3) the grandchildren have resided with the grandparents for more than 12 months and then were removed from the home. Unfortunately, there is no right to compel grandparent partial custody or visitation if the parents are residing together in an intact marriage.
Last edited:
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">