Grandparents’ Rights Attorney in Lancaster, PA

Many children grow up visiting their grandparents often. Some may live in the same town or even on the same street as their grandparents. Indeed, many have a special bond with them.
While some parents gladly allow their children to see family members as often as possible, many grandparents desire to see their grandchild more frequently, but the parents refuse to allow it.

A parent’s right to raise a child is based on the U.S. Constitution. Parents have first rights when it comes to making educational, medical, and even visitation decisions on a child’s behalf. If a parent does not want a child to visit a particular relative, their wishes will take priority.

However, grandparents may want to know what legal rights they have to see their grandchildren. Family law attorney Angela Flouras Rieck in Lancaster explains what grandparents need to know.

Grandparent Visitation Rights

Visitation by a grandparent, also known as partial custody of a child, is outlined in the Statutes of Pennsylvania, Consolidated Statutes, Title 23. It allows a grandparent to file an action and obtain partial custody in the following situations:

• The child’s parent is deceased
• When the child’s parents have been separated for at least six months or have filed for a divorce or separation
• The child has resided with the grandparent for at least 12 months

Visitation is not always granted. For example, a grandparent can’t seek visitation if a child’s parents are married or have separated and then reconciled. In addition, a court won’t award grandparent visitation if the visits severely harm the parent-child relationship. Examples of this would be the child’s mother having conflict with the in-laws or grandparents.

Grandparent Custody

In extreme cases, Pennsylvania law allows grandparents to seek custody of their grandchildren. Grandparents may worry that the child is being abused or neglected, but seeking custody is not an easy task. A grandparent can seek custody if all the following apply:

• When the grandparent has a relationship with the child that was encouraged by the child’s parent
• The grandparent presently assumes custody of the child or is willing to assume custody
• One of the additional conditions is met:
  • The child is a dependent child under the age of 18
  • The child is at a substantial risk of parental neglect, abuse, or alcohol and drug abuse
  • The child has lived with the grandparent for at least 12 consecutive months

Meeting the above criteria is not enough. The court must also look at the child’s best interests. When evaluating a child’s best interests, the judge will look at the following:

• Whether awarding grandparent custody interferes with any parent-child relationship
• The child’s contact with the grandparent before the custody filing
• Whether awarding grandparent custody meets a child’s physical and emotional needs

Talk to Our Family Lawyer About Grandparents’ Rights

Family law matters can be highly emotional. If you have questions about grandparent rights in Pennsylvania, you need a legal professional on your side to give you the advice you need.

Discuss your case with a dedicated and compassionate lawyer from the Law Office of Angela Flouras Rieck. To schedule a consultation, call (717) 869-6375 or fill out the contact form.