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Grandparents Have An Automatic Right To Seek Custody of Their Grandchildren
The Superior Court of Pennsylvania recently stated that grandparents automatically have standing to seek physical and legal custody of their grandchildren, regardless of their dependency status or whether a parent has been deemed unfit. K.B. II v. C.B.F. (9/25/03). However, having an automatic right to seek custody does not make it any easier to be awarded custody.
The Custody and Grandparent Visitation Act (section 5313b) sets forth the requirements a grandparent must establish in order to obtain custody:
Pennsylvania grants a no-fault divorce when both spouses agree to divorce and file an affidavit that the marriage is irretrievably broken. The court may grant a divorce 90 days after filing. If one spouse files an affidavit that the couple has lived apart for at least two years and that the marriage is irretrievably broken, the court may grant a divorce based on those circumstances.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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