How Does Father’s Legal Custody Affect Grandmother’s Rights? | Obermayer Rebmann Maxwell & Hippel LLP | Media Pyro


A new Pennsylvania Supreme Court case could make it more difficult for grandparents who want physical custody of their grandchildren to get their foot in the door and have a chance to file a case for custody. The Lacer v. Selb The case is a No Prejudice decision but the court can still be persuaded.

When are grandparents eligible to file for Social Security?

Under current Pennsylvania law (23 Pa. CSA § 5325), grandparents (and grandparents) have the right to file for physical custody or conservatorship as long as they have standing. to provide for any physical activity, legal protection, or meet one of three specific criteria. The three criteria for standing are as follows:

  1. the grandparent’s child (the parent of the child or children subject to custody proceedings) has died;
  2. The relationship between the grandparents and the children started with the consent of the parents and/or a court decision, the parents of the children have started a court related to the children, the parents of the children have not children agree on whether grandparents should have authority. maintenance time; and,
  3. the children have lived with the grandparents for twelve months, and their parents have moved out of the grandparents’ home six months before the grandparents work.

The first and third criteria do not apply to the Lacer v. Selb decision. This is the second criterion, specifically the fact that the parents do not agree for the grandparents to have care time so that the grandmothers have the right to carry out a task that is focused on. Race.

What has changed?

The legal requirement that parents not consent to grandparent custodial time is new and was introduced into law in 2018. After it was introduced into law, it became the Supreme Court into EA v. EC “rebellion” as defined in the law must be a current dispute.

Inside Lacer v. Selbthe Court shall extend it EA v. EC and said that not only should the conflict be free, but that both parents should have custody of the children to avoid conflict. Under this holding, if one of the parents has sole custody of the children, the grandparents cannot come to Court to argue for custody. Also, since the Courts do not follow the maintenance of Lacer v. Selb, grandparents should be prepared to address this issue and consider this potential barrier in their planning and decision-making. Likewise, parents involved in the care of a grandmother should include the case and its potential impact in their own plans and decisions.

If you are a grandparent seeking custody time with your grandchildren, or a parent involved in a case involving a grandparent’s request for custody time, talking with an attorney can help expedite the process. work.

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