Grandparent's Custody

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Grandparents’ Rights

Divorce or custody disputes take a toll on every family and it is stressful for everyone, children especially, to learn to live with a new reality after divorce. Grandparents also deal in their own ways when their children’s marriage fails and they see what their grandchildren might be enduring. Like the parental relationship with the children, it is important for the children to also maintain contact with their grandparents. In many cases, these issues can be resolved without the need for litigation. If you are a grandparent and are being denied access to your grandchild, you do have rights. There are statutes and laws dealing with the rights of grandparents to seek visitation or reasonable partial custody with their grandchildren. In some cases, a parent may have died or grandparents may feel it is in the best interest of the child to become involved. In cases where grandparents may be seeking custody, there is a presumption in Pennsylvania that custody should remain with a parent, but it can be overcome by clear and convincing evidence that a change in custody if it would be in the best interest of the child. Thus in cases where there is a history of abuse by parent or parents, or where a child may have lived with a grandparent for a period of twelve months, and the grandparents are willing to accept responsibility for a minor child, the grandparents may have standing to seek custody or visitation rights. If your grandchild lived with you for twelve months and has been removed by a parent, you must file your custody action within six months of the child being removed. There are also means to seek visitation if a divorce is pending between the grand children’s parents and access has been denied. To learn more, call 724-304-4604 and arrange to meet Robert Galbraith at his North Hills office in Wexford. Robert will also travel to the South Hills or the Monroeville area to meet with clients as well. You may also contact the Pennsylvania law firm via E-mail.