It’s hard to believe that grandparents may be prevented from seeing the grandkids. However, this can happen when family relationships are troubled. The courts have been called upon many times to settle this type of dispute. Grandparents in this situation need to consult with a grandparents rights law attorney in Stroudsburg, PA.
Legal Decisions
The laws concerning grandparents rights vary from state to state. The U.S. Supreme Court made important rulings on this issue in Troxel v. Granville. The court issued guidelines for when courts should give grandparents visitation rights. The Supreme Court ruled that lower courts must consider the parents’ position regarding visitation. Furthermore, in no way should grandparent visitation interfere with parental rights.
Pennsylvania Law
A grandparents rights law attorney in Stroudsburg, PA represents those who want visitation or custody rights. Pennsylvania law dictates that a grandparent can seek visitation if the nuclear family unit is broken. Examples include situations where the parents are deceased or separated. Also, grandparents can act if a divorce has been filed. The courts also consider cases where children live with their grandparents for long periods of time.
Also, the attorney has to show that grandparent visitation is in the child’s best interest. Believe it or not, sometimes grandparents have volatile relationships with the parents. One Pennsylvania court case centered around a grandmother who wanted visitation rights. The evidence showed she did not have a strong history of visiting the grandchildren. Moreover, she had a violent relationship with the parents. Therefore, the court ruled that visitation rights were not in the best interest of the children.
Custody Rights for Grandparents
In some situations, Pennsylvania courts may award custody to a grandparent. Custody is considered when the grandparents have a good relationship with the child that was supported by the parents. Additionally, it must be proven that the child is at risk from parental neglect. Grandparents rights are rarely given when a biological grandchild is adopted. However, the court may hear the case if the grandchild is adopted by a step-parent or blood relative. Nonetheless, visitation will be denied if the situation would strain the adoptive relationship. The bottom-line for grandparents is to be aware of the law. Schedule an appointment with an attorney to discuss your chances in court.
