Spivak Law Firm | Pittsburgh, PA

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Pittsburgh Grandparent Custody Lawyers

Grandparent Custody: Seeking Primary Custody

A grandparent may bring an action for primary custody of a child if the relationship with the child began with the consent of a parent or under a court order, and the grandparent is willing to assume responsibility for the child.

Additionally, a grandparent seeking primary custody must show one of the following conditions:

-The child was found dependent under juvenile law;

-The child is at risk due to parental abuse, neglect, or incapacity; or

-The child has, for at least 12 consecutive months, resided with the grandparent, and has been removed from the home by the parents.

To learn more about grandparent custody rights, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody For Grandparents

The Supreme Court of Pennsylvania recently limited the rights of grandparents to pursue custody of their grandchildren.

Prior to the Court’s decision, grandparents had standing to pursue partial physical or supervised custody if: (a) the parents of the children were separated for a period of at least six months or (b) the parents commenced divorce proceedings.

But the Court struck the parental separation provision from the statute, as it violates parents’ rights under the Due Process Clause. Now a grandparent’s rights to pursue custody could be complicated if the parents of the children never married.

To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.