Pennsylvania Family Law Blog

Divorce is a very complicated and difficult thing issue, and when a child is involved, it is important to make things as seamless as possible regarding custody of the child and visitation rights to lessen the impact of the divorce on the child. Visitation refers to the right of a parent to visit a child as one of the types of custody in Pennsylvania, and child visitation guidelines set forth the terms of how physical custody of a child will be shared after the parents’ divorce. The state of Pennsylvania recognizes different types of child custody, however, in addition to visitation, including:

• Legal Custody: Grants a parent the right to make major decisions regarding the child’s life, such as education or religion.
• Physical Custody: When a parent has actual care and “possession” of the child.
• Partial Custody: The right of a parent to take “possession” of a child for a period of time.
• Shared Custody: Each parent has legal and/or physical custody of the child; ensures the child will have continued access to both parents.

Child visitation guidelines can be determined through a process called mediation. In mediation, parents will meet with a neutral third party mediator who has special training in assisting parents to establish the child visitation guidelines. Mediation allows both parents to create a mutually acceptable set of visitation guidelines without going to court to do so. If both parents agree to the established terms and it is in the best interest of the child, then the agreement will be honored in family court. All child visitation guidelines are legally binding, and the parties involved are responsible for upholding the established agreement.

If a child visitation agreement cannot be reached through this process, the court will then intervene and help establish the visitation guidelines to meet the needs of the child, or children, involved. Court ordered child visitation guidelines will typically allow the non custodial parent to spend every other weekend with the child, some weekdays, and certain holidays. In addition, child visitation guidelines may also be granted to other adults, such as in grandparent child custody or stepparent custody.

Arriving at a mutually acceptable agreement regarding child visitation can sometimes be difficult, but an experienced legal professional can assist if the parents are having problems establishing the visitation guidelines. Sheryl R. Rentz is a skilled child visitation lawyer in Pennsylvaniaand can help parents who want to protect their family’s best interest. For a free consultation, call (866) 290-9292.

We often assume that a child is best left in the care of his or her parents. However, when one or both parents has a relatively small role in a child’s upbringing, and other relatives, such as grandparents, accept the task of raising the child, the best interests of the child need to be thoroughly taken into account, particularly when it comes to custody and visitation rights. According to Ohio’s Dayton Daily News, a family law case involving a young girl, her maternal grandparents, and her father illustrates how important it is that all details are carefully examined when it comes to providing a child with a healthy home environment.

Reportedly, after the 8-year-old’s mother passed away, her grandparents, whom the girl and her mother had already been living with, were contacted by the young girl’s father, who requested that visitation with his daughter resume. The girl’s grandparents obliged, but were soon blindsided when the girl’s father acquired a court order for his daughter to begin living with him and his new wife. After much debate, the girl’s grandparents were awarded visitation rights every other weekend.

Unfortunately, this story represents how difficult it can sometimes be for grandparents or other relatives to attain custody of a child when a birth parent is alive and capable of taking care of the child, regardless of whether or not the birth parent had been a major part of the child’s life up to that point. In Pennsylvania, laws surrounding visitation rights are very complicated, and it is advised that those seeking such rights seek out assistance from an experienced family law attorney.

At the Law Offices of Sheryl R. Rentz, our skilled Pennsylvania visitation rights attorneys will fight to ensure that your rights are not neglected in a court of law. The best interests of a child are of the utmost importance and those interests will be protected at all times. For more information about visitation rights, call 610-645-0100. Contact us today for free consultation of your Philadelphia visitation rights case.

Very often when a family experiences a divorce, grandparents can undergo similar challenges that parents go through due to close relationships with grandchildren or the desire to establish stronger bonds. According to the website divorcesupport.com, child visitation in Pennsylvania may be granted to a grandparent under the following circumstances:

• at least one of the child’s parents is deceased
• the parents’ marriage is dissolved
• the parents have been separated for six months or more
• the child has resided with the grandparent(s) for twelve months or more and is consequently removed from the home by his parents.

Under Title 23, Section 5311, the court must find that the visitation of a grandparent is in the best interest of the child and will not interfere with the parent-child relationship. Visitation rights terminate when adoption occurs, unless the child happens to be adopted by either a stepparent or grandparent. As a grandparent, you can request for visitation before a judge in which many determining factors will be considered, including: your closeness to the child, your relationship with the child’s parents/guardians, and your past relationship with the child.

Many legal complications can interfere with a grandparent’s desired visitation rights, or even those of a parent, depending on the matters surrounding a separation or divorce. It is important to remember that the main focus in any visitation or child custody dispute is what is best for the child or children involved in terms of well-being, safety, healthy development, proper care, and, often times neglected, their happiness.

If you want to ensure that you have the legal right to visit with your child or if you are a grandparent wishing to do so, please contact skilled Philadelphia child visitation attorney Sheryl R. Rentz for a free consultation. The Law Offices of Sheryl R. Rentz has years of experience assisting parents and relatives in Pennsylvania family court issues. Call 610-645-0100 today!