Family law Group

Visitation or custody rights of grandparents recognized by Pennsylvania law

Imagine the following scenario: Husband and wife happily marry. A few years later, Junior is born. The grandparents are present at important family events, including Junior's birthdays, holidays, weekend visits and trips to the park. Unfortunately, after a few years, husband and wife file for divorce. Now, the grandparents are no longer welcome to see Junior as often – and sometimes not at all. This can be devastating, but what can the grandparents do?

Options Available to Grandparents in Pennsylvania
Pennsylvania does recognize grandparents' rights to seek visitation or partial custody of their minor grandchildren. Visitation is the right to visit a child and does not include the right to remove the child from the custodial parents' control. In contrast, partial custody is the right to take the child away from the custodial parent for a certain period of time.

The grandparents' rights to seek visitation or custody following the parents' divorce or separation is outlined by law, which states:
In all proceedings for dissolution, subsequent to the commencement of
the proceeding and continuing thereafter or when parents have been
separated for six months or more, the court may, upon application of the
parent or grandparent of a party, grant reasonable partial custody or
visitation rights, or both, to the unmarried child if it finds that visitation
rights or partial custody, or both, would be in the best interest of the child
and would not interfere with the parent-child relationship. The court shall
consider the amount of personal contact between the parents or
grandparents of the party and the child prior to the application.

The language clearly and unambiguously provides that the grandparents of a child whose parents are divorced, involved in dissolution proceedings or have been separated for six months or more may maintain an action for visitation or partial custody. However, such rights are not automatic; rather, grandparents must show the court that the requested action is "in the best interest" of the grandchild, and does not interfere with an existing parent and child relationship. The burden is on the grandparents to demonstrate these two things.

The "Best Interest" of the Grandchild
What determines the "best interest" of the grandchild? This is a detailed, factually specific determination by the court. The goal in each case is to foster those relationships, which will be meaningful for the child, while protecting the child from situations, which would have a harmful effect. Factors to consider in determining the best interests of the child include the child's physical, intellectual, emotional and spiritual well-being.

Non-interference with an Existing
Parent-Child Relationship
Similarly, assessing whether the grandparents interfere with an existing parent and child relationship is also factually specific. Examples of interference may include consideration of whether the grandparents try to subvert the grandchildren against the parents, such as to encourage them to disobey the parents, speak ill of the parents or interfere with the parents' authority.

Therefore, in our scenario, Junior's grandparents do have legal options they can pursue to maintain a relationship with their grandchildren even after their parents' divorce.

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