Legal Question in Family Law in Pennsylvania

Grandparents' Right in Pennyslvania

I just wanted to know what the guidelines were in PA regarding this? I have received threat calls from my in laws regarding their rights as grandparents. My husband and I are married and happy and our daughter does not go to his parents' house because his mother has threatened me and makes very rude calls to me. Is there any way they can go to court and win visitation, should I be looking to find a lawyer right now?


Asked on 10/23/07, 8:05 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: Grandparents' Right in Pennsylvania

They lack standing to sue for custody unless they have been acting in loco parentis, basically they've undertaken significant child care responsibilities.

Further you have an intact marriage and the courts are not keen about getting involved in internal family disputes.

They can try to file but the first response would be a challenge to their right to sue you in court.

You don't need to retain counsel just yet but it would hurt to talk to a few to validate my opinion and see if there is one you'd want to use if you need to.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 10/23/07, 9:11 am
Bonnie Moses Dessen, Moses & Rossitto

Re: Grandparents' Right in Pennyslvania

Normally, grandparents only have visitation rights when the child has resided with them for a period of time or if their child (one of the parents) has died. Beyond that, the courts recognize the parent's right to determine who the children can and cannot associate with. The only other time that grandparents may have rights is when the children have been taken away from the biological parents. Then, the courts feel that it is better to have the grandparents have custody and not put the child in the foster system.

Based on the above, I do not think you need a lawyer at this time. I would advise you, however, to make a log of all incidents in case they try to bring an action against you. Also, if you feel that their threats are credible, you may want to consider obtaining a Protection From Abuse Order. You would need to file for one in your county court.

If you feel you need further clarification, feel free to email me at [email protected].

Robyn M. Aghen, Esqurie

Dessen, Moses & Rossitto

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Answered on 10/23/07, 10:52 am


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