Grandparents’ Rights In Child Custody Cases
Laura Robbins Law, L.L.C., advises and represents grandparents in child custody matters. Based in State College, the firm helps clients throughout Centre County and the surrounding area.
Under Pennsylvania law, grandparents have the right to sue for custody or visitation. However, grandparents need to know the specific requirements under Pennsylvania’s Child Custody Act, which they need to satisfy in order to obtain physical custody or visitation of the minor children at issue.
Know Your Rights
It is vital grandparents understand that legally, they are held to a higher burden of proof and more restrictions when
seeking primary physical (e.g., residential) custody of minor children than that of a parent. There are fewer restrictions when a grandparent is seeking supervised or partial custody of minor children (rather than primary physical custody) — for example, grandparents have standing to (in other words, “are allowed to”) seek supervised or partial custody of minor children if one of the children’s parents is deceased, or the children’s parents are separated. However, in this case, the grandparent still needs to demonstrate that such an order would not interfere with the parent-child relationship, and that such an order is in the children’s best interest.