Chester County Visitation Rights Attorney
Currently, Pennsylvania recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchildren. The grandparents must prove that the
requested custody would be in the best interests of the minor child or children and would not interfere with the relationship between the parent and child.
Visitation Rights in Pennsylvania
One of the most recent cases involving grandparents’ rights evolved through the Armstrong County courts. In the case of K.B., II, K.B. and B.B. v. C.B.F., the Armstrong County trial court judge awarded primary physical custody of a minor child to his paternal grandparents even though the trial judge found the child’s mother to be fit. Attorney Vari was hired to represent the mother to file an appeal to the Pennsylvania Superior Court. In the Superior Court, Attorney Vari argued that only if a parent is declared unfit should grandparents have the right to seek primary physical custody of their minor grandchildren. While Attorney Vari was successful in having the minor child returned to the custody of
his mother, the Superior Court of Pennsylvania held that grandparents have the right to sue parents for primary physical custody of their grandchildren even if the parents are deemed to be fit parents. On
January 2, 2004, the Pennsylvania Supreme Court agreed to review the Superior Court’s ruling on the K.B., II, K.B. and B.B. v. C.B.F. case.
After the United States Supreme Court case of Troxel v. Granville was decided, some parents have argued that it is unconstitutional for a state court to award even partial custody or visitation to grandparents if the parent disagrees with the grandparents’ request for partial custody or visitation. The Pennsylvania Supreme Court has not yet decided whether Pennsylvania’s grandparent visitation statutes are constitutional in light of the Troxel case although there are recent Superior Court opinions finding the statutes constitutional.
Experienced Visitation & Custody Attorney in West Chester
If you are a grandparennt seeking custody of your minor grandchildren, you need someone experienced who will fight for you and your family. Contact the Ciccarelli Law Offices at 610-925-2500 for a free
consultation. The family law attorneys at Ciccarelli Law Offices have the experience necessary to fight your custody case throughout Pennsylvania. For questions of a free case evaluation, contact our office at (610) 692-8700.