Legal Question in Family Law in Pennsylvania
My question concerns grandparents' rights in Pennsylvania. My nephew (age 17) was killed in a car accident. Six weeks later his girlfriend (age 17) gave birth to their daughter. Girlfriend's mother (maternal grandmother) is now denying my sister (paternal grandmother) access to the child. We recognize that it is morally abhorrent for the maternal grandmother to not allow my grieving sister to see the baby (the last tangible connection to her deceased young son), but does my sister have any legal recourse?
2 Answers from Attorneys
Yes. Pennsylvania does recognize grandparental visitation rights by statute. If a letter from an attorney to the maternal family doesn't remedy things, your sister can file a Petition for Partial Custody in her local Court of Common Pleas to establish visitation rights. I also suggest she consult with an attorney (and probably hire one) before doing so.
Best of luck to your family. If you'd like to discuss your sister's situation in further detail, feel free to contact me offline.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
Forgive me for putting my two cents in. Mr. Hall is absolutely correct...
You might wish also to explore the circumstances of the car accident, to see if there is a monetary recovery due for the tragic accident...depending on how it happened. I would be glad to discuss both ends or either phase of the case. I practice in NJ and PA.
Call me...
Best wishes to you and the family members....I am sorry about the loss....
www.saulhsegan.com
215-732-4000
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