Since the US Supreme Court decided Troxel v. Granville in 2000, grandparents have had an uphill battle obtaining grandparent visitation. While the New Jersey standard was set in Moriarty v. Bradt a few years later (a case...more
Grandparents may seek custody of, or visitation with, a minor child. However, custody and visitation, although often used interchangeably, are not synonyms under North Carolina law. The distinction is important, especially as...more
The April 26 decision in Hoover v. Lewis v. Cohen is emblematic of the slow moving crisis Pennsylvania and other family courts are experiencing. Not only are American families hard to manage today but we are having challenges...more
We have done a lot of complaining lately about some pretty bizarre cases. Then, along comes Schultz v. Schultz and Passetti; an important case that merits being published because it makes important law and is a credit to the...more
Grandparents can play an important role in the lives of their grandchildren. Undoubtedly, many children have deep and inseparable bonds with their grandparents. When parents are married, or together, many grandparents can get...more
One of the important areas of child custody law as it has evolved in the past decade relates to when a grandparent has the legal right (or standing) to pursue claims for partial custody of a grandchild. This is a place where...more
“Standing” is what lawyers define as “the right to be involved in the litigation” and this has been a hot topic in recent years as many grandparents find themselves immersed in controversies related to their grandchildren. In...more
When it comes to the grandparent-grandchild relationship, many questions arise regarding visitation rights. In North Carolina, the extent of visitation, the ability to sue for visitation, and grandparents’ rights are common...more
In the last several years, there has been an increase in custody litigation involving grandparents and other third parties. Often, if grandparents are pursuing custody, it is generally in response to devastating circumstances...more
There’s a new Superior Court case in Pennsylvania that has the potential to make it harder for grandparents who would like partial physical custody of their grandchildren to get a foot in the door and have the ability...more
North Carolina treats grandparents seeking custody like any other third-party or non-parent. If a grandparent is seeking custody of a child, he or she may file an action for custody or seek to intervene in a pending...more
In Pennsylvania, a parent of a minor child may file an action for physical and/or legal custody of the child. In certain circumstances, this right is also extended to grandparents and third parties who stand in loco parentis...more
This is an action brought by grandparents against Westmoreland County concerning their grandchild. The County had initiated dependency proceedings involving the grandchild based upon allegations that the biological parents...more
Grandparent visitation is a unique area of family law that presents interesting case law every few years and seems to be growing with time and modern families. We have blogged about this issue, including the requirement to...more
On July 4, 2018, two amendments to the Pennsylvania child custody laws went into effect making it easier for grandparents and other third parties to seek custody of a minor child. Specifically, Section 5324 and Section...more
The Pennsylvania legislature recently passed a bill that expands who can request custody of a child. The law clarifies when grandparents can seek custody of their grandchild....more
The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more
A major Pennsylvania Supreme Court decision has tipped the scales against grandparents who attempt to seek custody of their grandchildren during a marital separation. The decision, handed down, ironically, just a day...more
Do grandparents have any rights to see their grandchildren? Consider the case K.T. v. L.S., 118 A.3d 1136 (Pa. Super. 2015), in which the Pennsylvania Superior Court awarded partial child custody to a set of grandparents...more
A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more
In June 2015, the Pennsylvania Superior Court, in K.T. v. L.S., provided partial child custody to the children's paternal grandparents over mother's objection....more
When parents choose to separate, it is often a difficult decision that greatly affects not only the adults but also the children involved. All of the changes that will need to be made may prove to be traumatic, particularly...more
In Pennsylvania, grandparents and great-grandparents have physical custody rights surrounding their grandchildren. In rare circumstances, grandparents can request and win primary physical custody of their grandchildren. ...more
D.G. & D.G. v. D.B.& G.V., 91 A.3d 706 (Pa. Super. May 2, 2014) - The D.G. & D.G. v. D.B. & G.V. custody action was originally commenced in 2009 when Grandmother sought partial physical custody of the Child, E.B....more
In 2011, the law in Pennsylvania changed as to the rights of grandparents to have custody of the grandchildren. Grandparents have the right to file an action for ANY form of physical or legal of custody if the following...more