Legal Question in Family Law in Pennsylvania

My fiance and I have been together for 6 years now. We have a 5 year old son together. Currently my fiance and his mother are not getting along and she has said some pretty harsh things to him and about me. She pretty much told him he was not her son anymore. Our son has been raised by us since day one. Now she is threatning to get grandparents visitation rights to our son because we wont let him go over there with her smoking in the house and she is bi-polar. When we are talking she never comes around or calls to see him but now she wants to act like she does. My fiance and I both believe its best for your son not to be at her house with her and our son never wants to go there anyway. Can she gets rights to him at all?? Please help me!!


Asked on 3/22/11, 7:31 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

It is possible for her to get rights. However, whether she does is highly fact dependent. For her to get rights she would have to sue you in court. In York County she'd have to pay $165 just to file a complaint. Until she does there isn't much you can do. However, if she does file for custody it's time to get a lawyer.

{John}

Read more
Answered on 3/22/11, 7:36 am
Justin Gearty Law Office of Justin C Gearty Jr

As parents, you two have the choice of who sees the child and who does not. If you do not want the grandmother to see the child, then absent a court order, you do not have to permit visitation with her.

Under PA law, a grandparent can sue for visitation and/or custody, but can only do so under certain circumstances. Without doing a thorough consultation, its hard to give you a clear cut answer as to whether she can in this case. From the few facts that you presented, it does not sound like she will be able to sue for visitation or custody. A grandparent has standing to sue for visitation under the following circumstances: when a parent is dead, when the parents are divorce/seperated, when the grandparent has cared for the child for a period of at least 12 months, or when the child is at risk of harm while being in the care of the parents (ie: abuse, neglect, substance abuse, mental health problems). If none of those criteria are met, it is unlikely that she would have standing to sue for visitation or custody.

Read more
Answered on 3/22/11, 7:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania