Grandparent’s Rights Cases in Pittsburgh and Allegheny County

Appellate Cases Regarding Custody Including Grandparents’ Rights

• 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. 
• 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. 
• 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.

Note:

The cases listed are for informational purposes only and may have been amended or overturned by subsequently decided court cases.