In most cases involving separated parents, grandparents in Delaware and Pennsylvania see their grandchildren during their own child’s custodial time. However, in some situations, grandparents can seek custody or visitation rights through family court.
Grandparents’ custody rights are generally limited. Under Delaware and Pennsylvania family law, parents have a preeminent right to custody of their children. For a grandparent to obtain custody, they must demonstrate that each objecting parent is unable to provide the minimally necessary care for the child.
To obtain grandparent visitation rights in Delaware or Pennsylvania, where the grandparent has legally recognized contact with the child, the grandparent must show—regarding each parent—that the parent agrees, is unable to meet the child’s needs, or that their objections are clearly unreasonable, by clear and convincing evidence.
Many grandparent custody cases involve situations where both parents are unable to care for the child. In such cases, when competing grandparents are involved, the court will base its decision on the best interests of the child, as required under Delaware and Pennsylvania custody laws.
If you have questions about coparenting and your custody arrangements, please contact MacElree Harvey’s Centreville Delaware office at 302-654-4454. Visit macelree.com to learn more.
Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.
Leave a Reply