Delaware County Grandparents’ Rights Attorney
Lawyer Represents Delaware County Grandparents for Custody Rights
Many grandparents today play a major role in the lives of their grandchildren. They may serve as primary caregivers when both parents are working. They may take the grandchildren into their homes during summer vacation and over the holidays, after school, or on the weekends, or step in to provide care when a child is ill and cannot attend school. Regular and frequent contact with grandchildren allows grandparents to show their love to them.
If you're a grandparent seeking custody of your grandchild, the Law Offices of Sheryl R. Rentz, P.C., can help. With over 25 years of experience, Sheryl R. Rentz understands the emotional and legal challenges inherent to custody cases and will advocate for your rights and your grandchild's best interests. Our dedicated firm provides compassionate and skilled legal representation to confront conflicts and legal challenges. Trust us to support you through every step of the process.
Contact us at (610) 645-0100 to schedule a free consultation about protecting your grandchild's well-being.
Rights and Responsibilities of Grandparents with Custody
When grandparents gain custody, they may have either legal custody, physical custody, or both. Legal custody allows them to make important decisions about the child's education, healthcare, and welfare, while physical custody means the child lives with them.
Grandparents with custody are responsible for providing financial support, ensuring the child attends school, and arranging necessary medical care. Biological parents typically retain visitation rights, which are determined by the court to ensure they remain part of the child's life, provided it's in the child's best interests. Balancing these responsibilities and rights is essential for the child's well-being and stability.
Do Grandparents Have Visitation Rights in Delaware County?
Grandparent visitation rights are determined by the wishes of the parents. That means a parent must provide permission for a grandparent to access their grandchildren. However, there are situations where grandparents may seek increased visitation rights.
Pennsylvania law outlines specific circumstances under which grandparents can petition for visitation rights. Under 23 Pa.C.S. § 5325, grandparents may seek visitation if at least one of the following conditions is met:
- The parent of the child is deceased.
- The parents are divorced or have been separated for at least six months.
- The child has lived with the grandparent for at least 12 months.
In these cases, the court will evaluate if the visitation is in the best interest of the child, considering factors such as the child's safety, emotional well-being, and the nature of the relationship between the grandparent and grandchild.
While Pennsylvania law provides avenues for grandparents to secure visitation rights, there are notable exceptions and limitations to keep in mind. If the court determines that visitation would negatively impact the child's well-being or safety, the request can be denied. Additionally, if both parents agree that the grandparent should not have visitation, the court will give significant weight to their decision unless there is compelling evidence to the contrary.
Challenges and Considerations for Grandparents Seeking Custody in Delaware County
In Pennsylvania, grandparents may be awarded custody of their grandchildren under specific circumstances. One such situation is when the child has been living with the grandparents for at least 12 consecutive months, and the parents subsequently remove the child from this living arrangement. Another condition is if the grandchild's parents have been neglectful, abusive, or unable to provide adequate care, placing the child in a harmful environment. Further, if one or both parents are deceased, grandparents may seek custody.
Courts also consider whether grandparents have established a significant ongoing relationship with the child and whether awarding custody serves the best interests of the child. Grandparents seeking custody must also provide substantial evidence to support their claims and demonstrate that their involvement benefits the child's well-being.
In Pennsylvania, Grandparents seeking custody have to meet specific legal criteria to be considered for custody or visitation rights. First, they must establish standing, which involves proving a substantial and sustained relationship with the grandchild. This relationship must have been encouraged or permitted by the child's parent or custodian. They must also show that granting them custody would not interfere with the parent-child relationship unless the parents are found to be unfit or unable to provide proper care. Evidence such as documented instances of neglect, abuse, or incapacity of the parents may be necessary to support a grandparent's case.
When determining whether to grant custody to grandparents, Pennsylvania courts evaluate how such a change will affect the child's overall well-being. Factors include the stability and safety of the grandparents' home environment, the emotional bonds between the child and the grandparents, and the potential for continuity in the child's education and social life. Courts also consider the ability of grandparents to meet the child's physical and emotional needs, including healthcare, schooling, and extracurricular activities.
Our Delaware County Family Law Attorney Understands Grandparents' Rights
Divorce, separation, and other factors can disrupt a child's normal life and relationships. If you want to continue playing an active role in your grandchild's life, it is important to speak with a knowledgeable family law lawyer. They can guide you through the process of seeking visitation with or custody of your grandchild.
At the Law Offices of Sheryl R. Rentz, P.C., we have the knowledge, skills, and experience to explain your rights under the law and prepare and file the petition and other legal documents. We can also serve as a dedicated advocate for dealing with the child's parents, lawyers, and the family law judge.
We offer a free consultation with no obligation. Call our experienced Delaware County family law attorney today at (610) 645-0100 to find out how we can help protect your grandparents' rights in Delaware County.
Additional Information
We know your problems are unique & special.
Call us, we will listen.
(610) 645-0100
Meet Attorney