The Scottdale Grandparent rights lawyers of Henderson Law Offices
are experienced in representing the legal needs of our clients in Westmoreland and Fayette Counties.
A grandparent’s rights in Pennsylvania are governed the Pennsylvania custody laws which took effect in Pennsylvania on January 23, 2011 and modified by Act 21 of 2018.
Grandparents and third parties have the right to ask for custody, partial custody or visitation rights. Grandparent rights ensure that you are provided with time and access to your grandchildren.
A grandparent rights of custody is determined by whether they are what is called “in loco parentis” or not.
A person has “in loco parentis” status with respect to a child when they put themselves in the situation of a lawful parent by assuming the obligations of a parent without going through a formal legal adoption. The rights and responsibilities of an “in loco parentis” relationship is the same as between parent and child. Source: 23 Pa. Cons. Stat. § 5324.
If a grandparent does not have an “in loco parentis” relationship with the child, then the Pennsylvania custody laws would be the sole basis to seek custody. The factor that is most important to the court is what is in the best interest of the child.
Some things that the court will consider include:
- the best interest of the child;
- whether the child’s parents are going through a divorce;
- if the child’s parent (child of the grandparent) is deceased;
- if the child has resided with the grandparents for at least 12 months
At Henderson Law Offices, the firm can help you determine which course of action is best for you and your grandchild.
Please contact Henderson Law Offices at 724-887-4544. You can also contact us online to set up your free initial consultation with our lawyer in our Scottdale office.