Family court matters frequently involve parents, children or spouses. However, other family members may sometimes have certain legal rights as well. Grandparents are among those with legal protection under state family law statutes.
After all, grandparents play an important role in their families. Sometimes, they provide housing to their children and grandchildren during times of financial instability or parental illness. They may take over a parental role when a child has a medical emergency or ends up incarcerated due to a criminal conviction.
Grandparents may also provide financial support and emotional guidance for their grandchildren. In scenarios where their relationships with their grandchildren are at risk, they may have certain legal rights in the Pennsylvania family courts. What types of actions can grandparents initiate in family court?
Visitation requests
Grandparents can potentially request visitation or physical access to their grandchildren. In certain circumstances, the family courts can formally protect visitation rights for grandparents. Typically, there needs to have been a substantial disruption to the family unit, such as a divorce, breakup or death.
Additionally, grandparents need to show that they have a strong pre-existing relationship with the grandchild, such as prior cohabitation. Even if parents do not extend visitation voluntarily, the family courts can grant a grandparent the right to see and spend time with their grandchildren regularly until they become adults.
Full-time placement or adoption
Grandparents can intervene in scenarios where they fear their grandchildren are unsafe in the care of their parents. The state courts recognize that grandparents may sometimes be better caregivers than parents. They can grant them sole or shared physical custody and even order supervision for the protection of the children.
In scenarios involving neglect, abuse, addiction or incarceration, grandparents can potentially petition the courts to adopt their grandchildren. They can pursue adoption with the cooperation of the grandchildren’s parents. They can also ask for an involuntary termination of parental rights if there is evidence that the parents cannot meet the children’s needs or have endangered them.
The law does impose limitations on grandparents’ rights during custody disputes, which means that every case requires careful consideration before initiating litigation. Discussing concerns about grandchildren can help grandparents understand and make use of their legal protections under the law.