Upper St. Clair Family Lawyer
Shielding Kids In High-Conflict Divorce
Parents who do not engage in physical violence but do engage in hostile communications must understand the negative impact of such conduct on their child. Every effort should be made to shield the child from the hostilities. Proposing that all communications be by email or text is one way to do so; however, it is often necessary to put boundaries around such communications.
When it is financially viable, parents in high-conflict situations should use the expertise of skilled practitioners in co-parent counseling and meet regularly to address ongoing issues.
To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Grandparent Custody Rights in Pennsylvania
In Pennsylvania, a grandparent may seek custody rights over a grandchild under one of the following three scenarios:
- Scenario #1: The grandparent has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time. This is known as acting in loco parentis – or acting “in the place of a parent.”
- Scenario #2: A grandparent who has not acted in loco parentis still may seek custody of the child if:
- A parent of the child allowed the grandparent to form a relationship with the child; and
- The grandparent is willing to take responsibility for the child; and
- One of the following circumstances exists:
- The child is deemed “dependent” under Pennsylvania’s child abuse and neglect law; or
- The child is deemed substantially at risk due to parental abuse, neglect, drug or alcohol use, or incapacity; or
- The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.
- Scenario #3: A grandparent may seek partial physical custody or supervised physical custody in the following situations:
- The parent of the child has died; or
- The parents of the child have been separated for at least six months or have started divorce proceedings; or
- The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.
To learn more about grandparent custody rights in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.