Grandparents’ Rights Attorney Serving Montgomery and Bucks Counties

Grandparents can play an important role in a child’s life, particularly when a family is experiencing separation, the death of a parent, instability or other difficult circumstances.

But Pennsylvania law does not give grandparents an automatic right to custody or visitation. Before a court will consider what arrangement is best for a child, a grandparent must first establish that he or she has legal standing to bring the custody case.

Christina J. Corr, P.C. helps grandparents in Montgomery and Bucks Counties understand whether Pennsylvania law permits them to pursue custody and, when it does, how to present their case effectively.

Do Grandparents Have Custody Rights in Pennsylvania?

Sometimes. The answer depends heavily on the circumstances.

Pennsylvania law allows grandparents and great-grandparents to seek certain forms of custody in specific situations. For example, standing may exist when a parent of the child has died, when the child has lived with the grandparent for a substantial period of time, or in certain circumstances involving parental abuse, neglect, substance abuse, incapacity or other risks to the child.

The legal requirements are specific, so the first question in any grandparents’ custody case is usually not “What custody schedule should I request?” It is “Do I have standing to file the case?”

When a Parent Has Died

The death of a parent can dramatically change a child’s relationship with the deceased parent’s family.

Pennsylvania law may allow a parent or grandparent of the deceased parent to seek partial physical custody or supervised physical custody. The court will consider the existing relationship between the grandparent and child, whether continued contact would interfere with the surviving parent-child relationship and whether custody is in the child’s best interests.

These cases require sensitivity. Maintaining an important family relationship may benefit a child, but the surviving parent’s legal rights also matter.

When a Grandparent Has Helped Raise the Child

Different rights may arise when a grandparent has provided substantial care for a child or the child has lived in the grandparent’s home.

Depending on the circumstances, a grandparent may have standing to seek more extensive custody, including primary physical or legal custody. The length and nature of the relationship, the grandparent’s caregiving role and the child’s current circumstances can all become important.

These cases are highly fact-specific. Small differences in the family history can affect whether a grandparent has the legal right to proceed.

When a Child May Be at Risk

Sometimes grandparents become involved because they are genuinely concerned about a child’s safety or stability.

Pennsylvania law provides avenues for grandparents to seek custody in certain circumstances involving parental abuse, neglect, drug or alcohol abuse, incapacity or other substantial risks to the child.

Concerns should be supported by facts and evidence. Disagreement with a parent’s lifestyle or parenting decisions is different from circumstances that create a legitimate risk to a child.

We help clients evaluate that distinction before deciding whether court involvement is appropriate.

Protecting an Important Relationship Without Creating Unnecessary Conflict

Grandparent custody cases can be emotionally difficult because they often involve relationships that existed long before the legal dispute began.

Court is sometimes necessary. But litigation can also deepen family divisions, so it is important to consider whether an agreement can preserve the grandparent-grandchild relationship without escalating conflict.

When negotiation is appropriate, we help clients pursue practical solutions. When litigation is necessary, we focus on the legal requirements, credible evidence and the needs of the child.

 

Start by Determining Whether You Have Standing

Grandparents’ rights cases are different from ordinary custody disputes. Before investing significant time and money in litigation, it is important to determine whether Pennsylvania law gives you the right to proceed.

A consultation can help you understand whether you have standing, what type of custody you may request and what evidence will be important to your case.

Contact Christina J. Corr, P.C. to discuss grandparents’ custody rights in Montgomery County or Bucks County, Pennsylvania.