Can a Parent Deny Visitation With Grandparents in Pennsylvania?

Parents and grandparents often do not see eye-to-eye, especially when it comes to grandchildren. An argument could cause a rift in the family, and parents might retaliate by cutting grandparents off from their grandkids. But is this even legal in Pennsylvania? This is a question you might want to raise with an experienced family law attorney in Lebanon, PA.

Parents Have the Right to Say No

The first thing to know is that parents have control over what happens to their children. Although you might be biologically related to the child in question, decision-making authority rests with the parents. If a parent wants to stop a grandparent from seeing their grandchildren, they have the right to do so in Pennsylvania. They do not need to provide any specific reason for denying visitation. If you are a grandparent and you’re facing this situation, you should respect the wishes of the parents. Do not attempt to see the children through trickery or other schemes, as this may lead to legal consequences.

Grandparents Can Petition for Visitation Rights

But while parents are under no obligation to let you see your grandchildren, you can still petition the court to grant you visitation rights. This could be a viable plan under certain circumstances.

If one of the parents dies, you may have the right to petition for visitation rights. You might also petition for visitation rights after the parents divorce. Finally, you can ask for visitation if the parents have been separated for at least six months.

Aside from divorces and deaths in the family, you can also petition for visitation (or partial custody) if the child spends at least 12 months living with you. In this situation, the court may feel that you have played the role of a “de facto parent,” and a judge might allow you to continue playing this role in the future. If the child has lived with you for 12 months, the parents might not be able to take back custody without also giving you some degree of visitation or partial custody.

Parents Cannot Breach Custody Orders

Assuming you have already successfully petitioned the court for visitation rights, the parents cannot deny you these rights in the future. If the court issues a custody order in your favor, it is legally binding. This means that anyone who violates this order is in contempt of court.

Can a Lebanon Family Law Attorney Help Me Fight for My Grandparents’ Rights?

If you are a grandparent who desperately wants to see your grandchildren, a Lebanon family law attorney may be able to help. Pennsylvania law is quite clear about this subject, and you may have various legal avenues through which to fight for your rights as a grandparent. Of course, each situation is slightly different, and that is why it makes sense to discuss your unique circumstances with a lawyer. Contact Feeman Law at (717) 273-1763 or online to continue this important conversation.