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. There is no right to compel grandparent partial custody or visitation if the parents are residing together in an intact marriage.
Pennsylvania Grandparent Primary Custody Law
Under section 5313(b) of the Pennsylvania Domestic Relations Code, grandparents have the right to sue for primary custody of their minor grandchildren. While any grandparent may file a Complaint for Custody, in a case contested by the biological parents, a grandparent has strict evidentary burdens that must be proven if the trial court judge is going to award custody to the grandparents. As preliminary matters, the grandparent must prove (1) that the relationship with the grandchildren began with the consent of the parent or pursuant to an order of court; (2) that the grandparent has genuine care and concern for the grandchildren; and (3) that the grandchildren either (a) resided with the grandparents for at least 12 months where the grandparents acted like the grandchildren's parents (generally requires that the parent not also reside in the house); (b) that the grandchildren have been declared dependent due to parental abuse or neglect; or (c) that the grandparents believe that the grandchildren are substantially at risk due to parental abuse, neglect, drug or alcohol issues.
Even if the above requirements are met, the trial court judge must still determine what is in the children's best interests applying a weighted determination in favor of the biological parents. In other words, the court must find that it is not in the best interests of the minor children to be in the custody of their parents and that it is in the best interests of the minor children to be in the custody of the grandparents.
It is not easy an easy task for grandparents to be awarded priamry physical custody if the biological parents contest the award of custody to the grandparent. Attorney Vari has been successful in litigating cases where grandparents have been awarded primary custody. On the other hand, Attorney Vari has also been successful in having grandparent primary custody cases dismissed when the grandparents did not meet the evidentiary requirements for the award of primary custody.
A case involving grandparents' primary custody rights evolved through the Armstrong County Court of Common Pleas. In the case of K.B., II, K.B. and B.B. v. C.B.F., the Armstrong County trial court awarded primary physical custody of a minor child to his paternal grandparents even though the court found the child's mother to be an adequate parent. Attorney Lisa Vari was retained to represent the mother in her appeal to the Pennsylvania Superior Court. In the case argued before the Pennsylvania Superior Court, Attorney Lisa Marie Vari argued that only if a parent is declared to be unfit should grandparents have the right to seek primary physical custody of their minor grandchildren. While Attorney Vari was successful in having the mother's primary custody rights restored, 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. The Pennsylvania Supreme Court heard arguments from both Attorney Lisa Vari and counsel for the grandparents in September of 2004. In November 2005, the Pennsylvania Supreme Court dismissed the appeal filed by Attorney Vari as "improvidently granted". It was later learned that the appeal had been improperly granted because Attorney Vari's client, the mother, had won the return of her child from the grandparents at the Superior Court level. It is a true shame that the Court did not have the opportunity to review its prior opinion in the Baxter case and make some necessary changes.
PA Grandparent Shared Custody Rights
There is no provision in the Pennsylvania statutes for a grandparent to be awarded shared physical custody with a child's parent or parents unless the parent or parents agree to an order of shared physical custody. Grandparents are only permitted to pursue claims for partial custody, visitation, or primary physical custody as stated above.
Grandparents' Rights Relating to Adoption and Juvenile Court Actions
A grandparent of a child who has been abused or neglected by the child's parent or parents can seek a number of different types of relief in the juvenile courts. These rights include the right to be a placement option for so long as the parent remains unfit, the right to seek custody of the grandchild (which would extend even beyond a parent's period of unfitness), or if the juvenile court seeks to terminate the parents' rights the grandparent can seek to adopt the minor grandchild. The most crucial factor for a grandparent whose grandchild is involved in juvenile court or adoption proceedings is to act promptly to obtain an attorney familiar with grandparents' rights. The child welfare agency, the judge, and the attorneys for the child and parents are not there to advocate your rights, you must take the appropriate action quickly.
Grandparents also have the right to seek to adopt their minor grandchildren even if the grandchildren have not been declared dependent or have an active case with the child welfare agency. This situation generally involves when a grandparent has had custody of the grandchildren through a voluntary agreement with the parent or a custody order and the grandparent wishes to secure the relationship for the future. It should be remembered that even if a grandparent has had custody of a grandchild for a significant period of time, the parent may seek modification of the custody arrangement and seek the return of the child into the parent's care. Given that the parent is afforded a weighted determination in their favor, grandparents may wish to seek to prevent the disruption of the child's life in the future and request the court to terminate the parents' rights and to adopt their grandchildren.
Pennsylvania Grandparent Visitation, Custody, or Adoption Issues?
If you are a grandparent seeking primary custody, partial custody, visitation, or adoption rights with your minor grandkids who have resided in PA for at least six months or if you are a mother or father who has been sued by your minor children's grandparents for primary physical custody, partial custody, or visitation, email our PA custody lawyers for an appointment or contact us by telephone at (412) 281-9906 for our Pittsburgh office, (724) 776-9906 for our Cranberry office, or toll-free at 1(866) PA-DIVORCE or 1(866) PA-CUSTODY .
Our PA grandparent custody lawyers routinely accept grandparent custody cases including PA grandparent visitation rights, PA grandparent partial custody rights, and PA grandparent primary custody rights in Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. Our PA grandparent custody attorneys accept family law cases from Armstrong County, Fayette County, Greene County, Indiana County, Lawrence County, Mercer County, Somerset County and Venango County on a case-by-case basis. If your county is not listed, our office may nevertheless accept your Pennsylvania Grandparent Visitation case if travel expenses are paid by the client. We welcome clients who reside in the Greater Pittsburgh and Butler areas and can meet with us in person as well as clients from other cities, states and countries. Our Pittsburgh family law firm has offices in Allegheny County located in downtown Pittsburgh and in the South Hills section of Pittsburgh located in Whitehall Borough as well as in Cranberry Township in Butler County.
Schedule an appointment with our team of PA grandparent custody & PA grandparent visitation lawyers
Appellate Cases regarding Custody including Grandparents' Rights
K.B., II, K.B. and B.B. v. C.B.F - In a case that made local and national news (even Inside Edition wanted an interview) and papers, Attorney Vari was successful in reversing the decision of the trial court that awarded primary physical custody to the paternal grandparents when the natural mother was a fit parent, the father was mentally unstable and incapable of holding a job, the father resided with the paternal grandparents, and the paternal grandfather suffered from post-traumatic combat syndrome and was on disability and grandmother worked full-time. After waiting over 1 year while the appeal was pending, the Superior Court returned the minor child to his mother. K.B., II, K.B. and B.B. v. C.B.F. 629645/detail.html
In the Interest of B.S. - In a case argued by Attorney Lisa Marie Vari, the Pennsylvania Superior Court found that the paternal grandparent who was acting as a temporary kinship care provider for her grandson had the right to notice of any proceedings and any opportunity to be heard, but did not have standing to participate in the child's dependency proceedings or to call witnesses or present evidence. Paternal grandmother sought the right to participate in the dependency hearing since CYS without warning and without stating any justifiable reason removed the grandchild from her home. In the Interest of: B.S., Appeal of: D.D., 2007 Pa. Super. 297. Both of the child's parents were deemed unfit and the child had been residing with strangers in a non-relative foster home after the child was removed from maternal grandmother's home. In a true story of David vs. Goliath, after the Superior Court appeal was decided, the paternal grandmother filed a custody complaint seeking primary physical custody of her grandson and after a very hotly contested custody trial was awarded primary physical custody of her grandson. The paternal grandmother was successful in defeating the child welfare agency, Indiana County CYS, mother, and father to be awarded custody of her grandson.
Hiller v. Fausey - PA Supreme Court held that the PA Grandparent Visitation Statutes which allow grandparents to seek partial custody or visitation with their minor grandchildren are constitutional and rejected the argument that the PA Grandparent Visitation Statute violates the custodial parent's Due Process rights under the 14th Amendment to the US Constitution. The PA Supreme Court held the PA Grandparent Visitation statute constitutional even after consideration of a fit parent's rights regarding the care, custody, and control of their minor children. PA Supreme Court refuses to find the statute violates the US Constitution as in the Troxel v. Grandville case from Washington state.
Morgan v. Weiser - Mother and father's parental rights were terminated and the maternal grandparents became the children's adoptive parents. After the grandparents' adoption, the grandparents permitted father some minimal contact with the children. The court held that father no longer had standing to seek custody of the children since his rights were terminated and he did not stand in loco parentis any longer to the children. Morgan v Weiser, 2007 Pa. Super. 128
Helsel v. Puricelli - Grandfather appeals the trial court's order finding that he did not have standing to seek visitation or partial custody with his grandchild. Grandfather argues that because the child's parents had been separated for more than 6 months, he should be granted standing even though the parents reconciled prior to the time his custody complaint was filed with the court. The Superior Court held that pursuant to the Grandparent Visitation Act, the minor grandchild's parents must be currently separated for at least 6 months, the grandchild's parents must be divorced, the children's parents must have never married and don't live together, a parent must be deceased, or the grandchild must have lived with the grandparent for at least 12 months for a grandparent to have standing to file the complaint. The Court also ruled that because the litigant was the step-grandfather and not the biological or adoptive grandfather, he did not have standing to file a complaint under the Grandparent Visitation Statutes. Helsel v Puricelli, 2007 Pa. Super. 144
In The Interest of LC, II - PA Superior Court ruled that grandmother of minor child did not have standing to participate in grandchild's juvenile dependency hearing .
In The Interest of MJS - Biological father's termination of parental rights and adoption of child by grandparents upheld after father sought to vacate adoption decree when father failed to participate in judicial proceedings seeking to advance his rights when he knew he was not named on child's birth certificate.
Little-Stepp v. Cancilla and Little-Stepp - Father's adoptive mother may seek partial custody or visitation of minor grandchild under PA Grandparent Visitation statutes.
