In Pennsylvania, under section 5313(b) of the Pennsylvania Domestic Relations Code, grandparents have the right to sue for primary custody of their minor grandchildren. While any grandparent may file a Complaint for Custody, in a case contested by the biological parents, a grandparent has strict evidentiary burdens that must be proven if the trial court judge is going to award custody to the grandparents. Contact Ciccarelli Law Offices if you need reasonable legal advice and representation about grandparent’s rights in Chester County and Philadelphia PA.
As preliminary matters, the grandparent must prove (1) that the relationship with the grandchildren began with the consent of the parent or pursuant to an order of court; (2) that the grandparent has genuine care and concern for the grandchildren; and (3) that the grandchildren either (a) resided with the grandparents for at least 12 months where the grandparents acted like the grandchildren’s parents (generally requires that the parent not also reside in the house); (b) that the grandchildren have been declared dependent due to parental abuse or neglect; or (c) that the grandparents believe that the grandchildren are substantially at risk due to parental abuse, neglect, drug or alcohol issues.
Chester County Lawyer for Grandparent’s Rights Petitions
If you are a grandparent seeking primary custody, partial custody, visitation, or adoption rights with your minor grandkids who have resided in PA for at least six months or if you are a mother or father who has been sued by your minor children’s grandparents for primary physical custody, partial custody, or visitation, contact Ciccarelli Law Offices today.
At Ciccarelli Law Offices, our lawyers are both passionate in what they do and compassionate in their treatment of their clients. You deserve a Pennsylvania custody lawyer that is available when you need him, treats you with respect and protects your rights vigorously. We make your choice all the clearer with locations throughout the metropolitan Philadelphia Pennsylvania, including Center City Philadelphia, West Chester PA, Downingtown/Exton PA, Kennett Square PA, Lancaster PA, King of Prussia PA, Plymouth Meeting PA, Radnor and Springfield PA.
We serve clients in Chester County including Downingtown, Paoli, Exton, West Chester, Kennett Square, Oxford, Parkesburg, Coatesville, West Grove and Malvern. For more information or to schedule an appointment experienced with Grandparent’s Visitation Rights, by contacting us at (610) 692-8700.