Pennsylvania Info

Pennsylvania Divorce Start Your Divorce Find Professionals Pennsylvania Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Pennsylvania Products Divorce by County

Pennsylvania Articles

Agreements Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Financial Planning Mediation Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Pennsylvania Divorce Support Pennsylvania Divorce Online

Grandparents Rights Revisited Through Recent Bucks County Case

Do grandparents have rights in custody of their grandchildren? And to what extent? In a recent Bucks County custody case, the Court was faced with the issue of grandparents’ rights. After a trial, the Court granted the paternal grandmother partial physical custody of her grandchild.

The trial was based upon the argument of the adoptive parents, the child’s biological grandfather (remarried), that the grandmother lacked standing to seek partial custody of the child. She was never informed that the child was adopted by her ex-husband (biological grandfather) and had maintained a healthy and constructive relationship with the child throughout the child’s life. Other issues considered by the Court involved the relationship between the child and the biological father, the absence of the biological mother, and ongoing therapy as a result of sexual abuse by the father.

The Court based its decision upon 53 Pa.C.S. 5325 and 53 Pa.C.S. 5326 which allows grandparents to have custody rights and to file an action for partial or supervised physical custody in specific situations. Section 5326 maintains and preserves “any rights [of the grandparent] to seek physical custody or legal custody rights and any custody rights that have been granted [to the grandparent]”. In this particular case, she maintained her right to seek custody under these statutes because the child was adopted by the paternal grandfather.

Further, it was decided that based upon 5325(2), she was entitled to file an action for partial custody; this statute states, “where the parents of the child have been separated for a period of at least six months or have commenced and continued a proceeding to dissolve their marriage.” Also, the biological parents need not have been married for a grandparent to qualify. Ultimately, the Court relied heavily upon the facts surrounding the best interests of the child. Based upon testimony of the family, adoptive parents and therapists, it was most beneficial for the child to continue her relationship with the grandmother. It was found that removing the grandparent from the child’s life would be insensitive to the already tumultuous emotional state of the child.


Was this helpful? Like our site & let us know.

Related Articles


Start Pennsylvania Divorce Start Your Pennsylvania Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Pennsylvania Divorce Find Pennsylvania Divorce Professionals in Your Area:
Join the Network
Pennsylvania Divorce Products, Services and Solutions Pennsylvania Divorce Products, Services and Solutions
Pennsylvania Divorce Resources to Help You Through the Process.
Online Parenting Class Pennsylvania Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Pennsylvania Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Pennsylvania grants a fault divorce if a spouse deserts without reasonable cause for one or more years, commits adultery, endangers the life of his or her partner or subjects a partner to cruel or barbarous treatment, was already married to someone else (bigamy) when he or she married, was sentenced to jail for longer than two years, or has made the conditions intolerable or life burdensome.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Pennsylvania Divorce

 

Settle Your Divorce Negotiate Your Pennsylvania Divorce

 

Support Forum Pennsylvania Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - Online Divorce Negotiation (settle your divorce issues and save on legal fees)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"