Peckville, PA asked in Elder Law for Pennsylvania

Q: Do I have rights as a Grandparent to see my grandchildren?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: It depends on facts which you do not divulge. Is the family intact? Then the answer is no. Parents have a right to decide who their child will associate with some exceptions.

Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three circumstances: (1) if either of the child's or children's parents are deceased; (2) if the parents have never married, are married but separated for more than six months, or are divorced; or (3) the grandchildren have resided with the grandparents for more than 12 months and then were removed from the home. Under Pennsylvania common law, a grandparent also has the right to seek custody rights of their minor grandchildren if the grandparents were acting in loco parentis to the grandchildren or in other words acted as their parents in providing the grandchildren's financial, educational and emotional support. There is no right to compel grandparent partial custody or visitation if the parents are residing together in an intact marriage.

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