News & Analysis as of

Grandparents Rights Child Custody

Fox Rothschild LLP

Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help

Fox Rothschild LLP on

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

Ward and Smith, P.A.

Understanding Grandparents' Rights to Custody and Visitation of a Child in North Carolina

Ward and Smith, P.A. on

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

Fox Rothschild LLP

The 3 Year Voyage to Decide If Grandparents Had Standing

Fox Rothschild LLP on

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

Fox Rothschild LLP

Living in Grandma’s Property and off her Money Does Not Confer Standing to Her

Fox Rothschild LLP on

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

Stange Law Firm, PC

How can grandparents get visitation rights?

Stange Law Firm, PC on

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

Fox Rothschild LLP

An Important Grandparent Custody Standing Case Falls into the NonPrecedential Crack.

Fox Rothschild LLP on

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

Fox Rothschild LLP

Supremes Rule that an Order Conferring “Standing” to Grandparents is Not Subject to Immediate Appeal.

Fox Rothschild LLP on

“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

Ward and Smith, P.A.

Grandparents' Visitation Rights in North Carolina

Ward and Smith, P.A. on

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

Cozen O'Connor

Third Parties Can Have Child Custody Rights Too In Pennsylvania

Cozen O'Connor on

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

Fox Rothschild LLP

Section 1983 Civil Rights Claim By Grandparents Arising From Dependency Action Permitted To Proceed

Fox Rothschild LLP on

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

Fox Rothschild LLP

Grandparents May Not Be Entitled To Visitation Even With A Signed Agreement

Fox Rothschild LLP on

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

Cozen O'Connor

New Developments in Grandparent Custody

Cozen O'Connor on

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

McNees Wallace & Nurick LLC

PA Supreme Court rules against grandparents in landmark custody rights case

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

McNees Wallace & Nurick LLC

Pennsylvania Superior Court Awards Custody to Grandparents Despite Mother’s Objection

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

McNees Wallace & Nurick LLC

Court Awards Grandparents Partial Custody of Grandchildren Over Mother's Objection and Court Holds that Minor Criminal Convictions...

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

McNees Wallace & Nurick LLC

Grandmother Denied In Loco Parentis Standing, But Door Left Open For Grandparent Standing

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

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