Child Custody, Visitation & Relocation

Do Grandparents Have Visitation Rights in Philadelphia, Chester and Montgomery Counties, PA?

The Law Firm of Pozzuolo Rodden, P.C., Philadelphia Family Law Lawyers, release the question of the month: “Do Grandparents Have Visitation Rights in Philadelphia, Chester and Montgomery Counties, PA”?

In early 2011, new child custody legislation was enacted in Pennsylvania. These statutes directly address a grandparent’s right to custody and visitation, whether physical or legal, of a minor child. Typically grandparents will seek court intervention with regard to either partial custody (custodial periods less than the majority of the time) or visitation. The difference between custody and visitation is that with a grant of custody the grandparent will be able to leave with the minor child without the supervision of the minor child’s legal guardian, whereas with a grant of visitation a grandparent will be allowed to visit with the minor child under the supervision of the child’s legal guardian.

Prior to the new statutory scheme, both the Supreme Court of the United States in Troxel v. Granville. and the Supreme Court of Pennsylvania in Hiller v. Fausey examined the constitutionality of a grandparent’s right to visitation or custody of a grandchild…..

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