As a grandparent, you may have developed a close relationship with your grandchild over the years. However, if circumstances such as divorce, separation, or the death of a parent have led to a disruption in your contact with your grandchild, you may be wondering if you have any legal rights to maintain a relationship with them. In Pennsylvania, grandparents do have the right to seek visitation with their grandchildren under certain circumstances. There are laws and regulations surrounding grandparent visitation rights in Pennsylvania and what you can do to protect your relationship with your grandchild.
An experienced family attorney in Philadelphia will be who the grandparent works with to evaluate the grandparent visitation laws, and how grandparents seek visitation and can remain in their grandchildren’s lives. You should not be cut off and in most cases, you have the legal right to see your grandchild.
How Grandparent Visitation Rights Work in Pennsylvania
You certainly know by experience that grandparents play an important role in the lives of their grandchildren. You offer love and support, provide guidance and understanding, and share cherished memories that will last a lifetime. Unfortunately, not all grandparents get to experience these things due to family disputes or other legal issues such as divorce or separation of the child’s parents. In Pennsylvania, there are grandparent visitation laws in place to help protect the rights of grandparents when it comes to visitation with their grandchildren.
How Do Grandparents Get Visitation Rights in Pennsylvania?
In order to receive visitation rights, grandparents must meet certain criteria set out in the Pennsylvania Grandparent Visitation Rights Act. This includes having standing with the court, which is determined by whether or not the grandparent has had an ongoing relationship with their grandchild or grandchildren. If a grandparent can prove that they have had regular contact, a strong bond, and an emotional bond with the child before any separation or disputes between the parents, then they may be granted visitation rights if visitation serves the best interest of the child. Your special bond and records, such as photographs, may come into play to prove your standing with the court.
There are any number of circumstances that have cut you off from seeing your grandchild. Fortunately, in Pennsylvania, grandparents have the right to seek visitation rights with their grandchildren. For example:
- If the parents of the child are divorced or separated, either parent can petition for grandparent visitation rights.
- If one of the parents has died, if any kind of abuse is suspected within the home environment of either parent, or if one of the parties involved has been incarcerated for at least six months or longer then a grandparent may also petition for visitation rights with their grandchild.
A family law attorney will appear with you in court to seek court-ordered visitation rights and determine the visitation schedule in order to maintain contact and the grandparent’s relationship with the child.
Best Interest Of The Child
In addition to having standing under Pennsylvania law, it’s also important for grandparents to show that visitation is in their grandchildren’s best interests. “Best interests” is the key legal standard that must be met.
The court will consider factors such as the amount of time you and your grandchild spent together before any legal action and whether or not there have been any past or present attempts to disrupt the relationship.
The court will apply state laws and while parents’ wishes may be considered the court will always evaluate the children and what is in their best interests. This is why it’s essential for grandparents to have family law attorneys who are knowledgeable of grandparent rights.
How Courts Evaluate Grandparent Visitation Rights
The courts in Pennsylvania consider the following factors when hearing a case of a grandparent’s request to seek visitation rights:
- How long ago contact between grandparent and child was established?
- How often contact occurred before the petition was filed?
- Why contact stopped or why it should begin again?
- Evidence supporting why a visitation order should be granted (i.e. emotional support).
- Preference from both parents involved in the case.
- The current relationship between parent and grandparent(s).
- The criminal history of all individuals involved in the case.
If granted, grandparent visitation rights are not absolute. Visitation with grandparents will depend on the best interests of the child and can be modified by one or both parents if necessary. Grandparents may also petition for additional visitation rights if they feel their access has been restricted due to changing circumstances.
There are other issues the court may consider under visitation laws when determining grandparent visitation. These may include:
- The parents’ wishes
- The parent’s rights
- Child custody
- What makes up the child’s nuclear family unit?
- Who has primary physical custody?
- Custody rights
- Partial custody
- Where the child lived
- Child support
The legal right is visitation rights are not absolute. A petition for visitation by a grandparent is a serious legal matter and legal right, but before a court can award grandparent visitation, it must evaluate all of the factors that impact the dependent child. In other words, what’s in the best interest of the child?
Steps Grandparents Should Take To Obtain Visitation Rights
A grandparent may have a unique and special bond with a grandchild developed over the years. Unfortunately, circumstances beyond your control can interfere with that relationship. However, state laws do provide protection and steps you can take to keep that bond alive.
With the legal representation of a family law attorney, grandparents can ensure that their relationship with their grandchildren remains strong. The visitation laws are complex but a qualified divorce attorney or family law attorney can help you take the legal steps to obtain visitation rights.
Under the law, the court will evaluate all the facts and circumstances of the grandparent relationship and why it was broken; consider the best interests of the children; the role grandparents play in the children’s life; the impact of other family members; the position of the child’s parents; the PA grandparent visitation laws. Only after a full consideration of these factors will a judge grant court-ordered visitation rights for grandparent visitation.
Why You Need An Experienced Grandparent Visitation Rights Lawyer
If you are grandparent visitation rights you should contact Cooper Family Law today to schedule a consultation with an experienced family law attorney. You have rights. You have the right under grandparent visitation laws. We have helped many other people in your situation. Contact us to find out if we can help you!
