Grandparent Rights in Pennsylvania
Grandparent rights for visitation and custody laws are largely in the hands of each individual state. In my practice, I get calls from grandparents concerned about access to grandchildren after a bitter divorce, or concerns about their own child’s or their child’s ex-spouse’s ability to parent.
Federal law requires states to recognize and enforce nonparental visitation orders from other states. Other than that, Pennsylvania grandparents must rely on the basic contours of state law, which
- Presumes in favor of the natural parent, unless clear and convincing evidence convinces the judge a child or children are better placed elsewhere; and
- Places the claims of a non-parent who stands “in loco parentis” to the child above a grandparent the child does not know.
On the bright side, a grandparent who is already acting as parent, raising their grandchild or grandchildren, and/or especially who has resided with or provided a home for their grandchildren for at least 12 consecutive months has much stronger claim to custody in Pennsylvania.
Grandparents who call looking for some kind of formalized visitation schedules are on shakier ground. Laws addressing grandparent or great-grandparent rights and roles in a child’s life are relatively new, dating back only to the 60s and 70s in this country. Thus laws addressing these relationships are still evolving.
Practically speaking, we know many grandparents at least play a significant role in raising grandchildren, in many cases raising them by themselves. If the child’s natural parent has died, grandparents and great-grandparents are favored by Pennsylvania law as far as custody goes.
What is most conspicuous about Pennsylvania law is the LACK of specifics on the roles of grand and great-grandparents in a child’s life. In other words, it is best for parents and grandparents or great-grandparents to maintain open discussions and voluntary sharing of a child’s time. As always, keeping the child’s best interests first clarifies the varying emotional claims of extended family, while most closely shadowing the assumptions of the law when it comes to issues of custody and visitation.