Grandparents'/Third-Party Custody and Visitation
After a divorce, or when a parent dies, a child's grandparents and other relatives may be without visitation rights. In these cases, the grandparents or another third party may seek visitation rights and primary or legal custody. A third party may be the former unmarried partner of the child's parent or a close relative such as an aunt or uncle. This situation is also common when a GLBT couple ends a relationship and one partner wants visitation or custody rights to a child.
Pennsylvania grants grandparents and certain third parties an automatic standing to get into family court for visitation and custody cases. However, it is often difficult for them to win these cases, especially if the parents of the child object. Our experienced Pittsburgh grandparents' custody rights attorneys can analyze your case and advise you on ways to proceed.
If they can prove that it is in the best interest of the child, grandparents and third parties can sue for custody and visitation rights. The court may grant custody or visitation in certain situations such as:
- There is concern for the child's welfare
- A parent is unfit due to substance or child abuse
- A parent is in jail, deceased or unavailable
- There is emotional benefit of the third party's relationship with the child
- The third party was the child's caretaker for one year
The lawyers at Gentile, Horoho & Avalli, P.C., represents grandparents and third parties who are seeking visitation or custody. Please call our Pittsburgh office at 412-261-9900 or contact us online to schedule an appointment.
