West Chester PA family lawyer, Joshua A. Janis is a member of Ciccarelli Law Offices, which is located in Chester County Pennsylvania and represents divorce, custody, support and family law clients in Exton, Kennett Square, Downingtown, Phoenixville, Malvern, Coatesville, West Grove, Avondale, Oxford, Landenberg, Westtown, Parkesburg, Honey Brook and Glenmore. Ciccarelli Law Offices also serves the five county Philadelphia area, including Philadelphia, Chester, Delaware, Lancaster, and Montgomery counties and has locations to meet you in Springfield, Wayne, King of Prussia, Plymouth Meeting, Center City Philadelphia, and Lancaster. Disclaimer. Learn more by contacting Ciccarelli Law Offices.
212 West Gay Street West Chester PA 19380 (610) 692-8700
Joshua A. Janis, Esquire Ciccarelli Law Offices
Visitation Rights (grandparents) in West Chester PA
Currently, Pennsylvania recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchildren. The grandparents must prove that the requested custody would be in the best interests of the minor child or children and would not interfere with the relationship between the parent and child.
One of the most recent cases involving grandparents' rights evolved through the Armstrong County courts. In the case of K.B., II, K.B. and B.B. v. C.B.F., the Armstrong County trial court judge awarded primary physical custody of a minor child to his paternal grandparents even though the trial judge found the child's mother to be fit. The mother filed an appeal to the Pennsylvania Superior Court and argued that that only if a parent is declared unfit should grandparents have the right to seek primary physical custody of their minor grandchildren. The Superior Court of Pennsylvania held that grandparents have the right to sue parents for primary physical custody of their grandchildren even if the parents are deemed to be fit parents. On January 2, 2004, the Pennsylvania Supreme Court agreed to review the Superior Court's ruling on the K.B., II, K.B. and B.B. v. C.B.F. case.
After the United States Supreme Court case of Troxel v. Granville was decided, some parents have argued that it is unconstitutional for a state court to award even partial custody or visitation to grandparents if the parent disagrees with the grandparents' request for partial custody or visitation. The Pennsylvania Supreme Court has not yet decided whether Pennsylvania's grandparent visitation statutes are constitutional in light of the Troxel case although there are recent Superior Court opinions finding the statutes constitutional.
If you are a grandparent seeking custody of your minor grandchildren, you need someone experienced who will fight for you and your family. Contact the Joshua Janis of Ciccarelli Law Offices for a free consultation of your important family matter. Contact us at (610) 692-8700.
Chester County PA Grandparents Rights – Visitation by Grandparents in Kennett Square PA – Information on Grandparent Visitation in Exton PA – Pennsylvania Grandparents Visitation Act – Disputes by In-laws to seek visitation of grandchildren