Grandparent’s Rights

In Pennsylvania, a grandparent may file an action for partial physical custody or supervised physical custody in a few, limited circumstances:

First, the grandparent is the parent of a deceased parent of the child. In this situation, the grandparent has standing to pursue a custody action almost immediately.

Second, a grandparent begins a relationship with the child either with the consent of a parent or through a court order. In this situation, the parents have also filed a custody action and do not agree whether the grandparents or great-grandparents should have custody.

The final situation arises where the child resided with a grandparent for at least 12 consecutive months, excluding brief temporary absences. Then, a parent removes the child from the home. In this situation, the grandparent has 6 months after the removal of the child to file a custody action.

Importantly, in custody actions involving parents and third parties, there is a presumption that custody shall be awarded to the parent, which can only be overcome by clear and convincing evidence. Asserting Grandparent’s Rights can be complicated and tricky. However, they can be critical to defending the welfare of a child. At Joe Pometto Law, we understand how important they are. THERE IS NO GOOD REASON FOR YOU TO FACE THESE ISSUES ALONE. GO FOR JOE – CONTACT OUR FIRM NOW.

SOME FAMILY LAW CASE RESULTS FROM OUR FIRM:

7/2/2022

Westmoreland County: Atty. Pometto

PFA Dismissed After Hearing

2/25/2022
Allegheny County: Atty. Veres
Emergency Custody Petition Granted – Client Gained Sole Custody

2/16/2022
Allegheny County: Atty. Veres
Wins Custody Modification Hearing – Client Retains Current Custody