What You Need to Know About Grandparent Rights in PA
February 20, 2023


Many grandparents play an essential role in children’s lives. It’s common for some couples to look to their parents to help with babysitting, while others rely on them entirely for childcare support.

Each state has a different set of laws in place that set forth grandparents’ custodial rights regarding their grandchildren. This article will walk you through the grandparent rights in Pennsylvania.

An Overview of Grandparent Rights

In short, grandparent visitation rights are largely restricted to the boundaries set in place by the parents. If a parent does not want to provide a grandparent access to their grandchild, the parent’s decision is typically final.

However, there are cases in which grandparents can seek increased visitation rights or claim partial or full custody of a grandchild. Let’s take a look at these circumstances.

Custody Cases

Physical or legal custody can be requested if the relationship between grandparent and grandchild originated through consent of the parent or a court order and if the grandparent in question is eager to take accountability for the grandchild following any of these circumstances:

  • The child is a dependent child, meaning they’re under the age of 18, and a court has adjudicated them to be a dependent child, usually as the result of Child Protective Services involvement.
  • The child has lived with this grandparent for 12 consecutive months. Any custody claim must be filed within six months after the child’s removal from the grandparent’s home.
  • The child is put at substantial riskdue to parental substance abuse, neglect, or incapacity.

Visitation Rights

A grandparent has standing to claim visitation rights or partial physical custody under the following circumstances:

  • The parent of the child is deceased and the grandparent seeking custodial rights is the parent of the deceased parent.
  • The grandparent’s relationship with the child began with the consent of the parent, there is an existing custody action between the child’s parents, and the parents do not agree about whether the grandparent can see the child.
  • The child has lived with this grandparent for 12 consecutive months. Any custody claim must be filed within six months after the child’s removal from the grandparent’s home.

Adoption

Grandparents’ visitation and custody rights are terminated if their biological grandchild is adopted.

Upon the child’s adoption, any biological grandparent has no active right to seek visitation unless a blood relative or legal step-parent adopts the child. However, a judge could still deny biological grandparent visitation rights based on the custody laws applicable to biological parents under traditional circumstances.

Final Thoughts

Although grandparents can have strong bonds with their grandchildren and provide stability, love, and a caring environment, there are laws in place in Pennsylvania that can deny grandparents custody or visitation rights. Parents’ decisions typically carry a lot of weight with the Court, and the court will always prioritize the child’s best interests in these cases.

For further information on the custody or visitation rights of grandparents in Pennsylvania, contact the legal team at Daley Zucker for assistance.



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