Grandparents’ Rights and Third Party Rights to Custody
Cases regarding Grandparents’ rights and Third party rights can be very difficult. It is important to have an attorney on your side before beginning your custody claim. Since Attorney Gearty is experienced in child custody and grandparents’ cases, he is familiar with the pitfalls and difficulties that come along with these sort of claims.
In PA, grandparents have standing (right to sue) to sue for custody and/or visitation in a number of situations as defined by statute. Grandparents’ may petition the court for visitation when the parents are divorced or when one parent is deceased. If the grandparent has been the primary custodian of the child for a period of 12 or months, then that person stands in loco parentis and may sue for custody. Also, if the child is being endangered by being in the care of the parents, then the grandparents may be able to petition for custody.
Whether a grandparent or third party has the right to sue for custody or visitation is a determination that needs to be made on a case by case basis. A lawyer with experience in this area of law should be consulted so as to protect your legal rights.