Child Custody Attorneys – Grandparent Rights
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In many families, grandparent play an important and special role. Grandparent often raise the children and provide for their support and maintenance. Fortunately, Pennsylvania custody laws do provide a legal process for grandparent to obtain custody of a grandchild so long as a number of legal requirements are met.
Grandparents Custodial Rights
The term “standing” is a legal term that confers upon an individual the right to bring a legal cause of action in court. The Pennsylvania custody laws expressly permit grandparent to pursue physical custody and legal custody of a grandchild. This means that grandparent may have “standing” to pursue custody rights. Specifically, standing is conferred upon a grandparent under one of the following circumstances:
When a grandparent has standing to pursue custody rights, the grandparent must then convince a court to award custody to the grandparent. If there is an action between a parent of the child and a grandparent, there is a presumption that custody shall be awarded to the parent; however, the presumption may be overcome with sufficient evidence. The judge will look to the following factors:
Grandparent Visitation Rights
In addition to the right to pursue physical or legal custody as described above, grandparent and great-grandparent have standing to file an action for visitation in the following situations:
The factors that a court will consider in awarding a grandparent visitation include whether the award would interfere with any parent-child relationship and whether the award would be in the best interests of the child.
Grandparent Rights - The Martin Law Firm, P.C.
As with any legal proceeding, the role of the lawyer is to advise the client whether he or she has standing to pursue a claim and the likelihood of success. To determine the likelihood of a successful outcome, the lawyer must review the specific circumstances of the situation and apply those circumstances to the law. This enables the lawyer to determine whether the evidence to be presented at trial will be enough to win. Only then should the lawyer and the client pursue a claim.
To discuss your case, please call us today at 215-687-4053.
Our legal team provides individualized legal solutions for our clients by offering high quality legal counsel and representation in diverse areas of law. Our attorneys regularly represent clients throughout Southeast Pennsylvania, including Montgomery County, Bucks County, Chester County, Delaware County, and Philadelphia County.
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