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Grandparents Rights in Pocono Separation & Divorce Cases

When couples separate or divorce, sometimes the grandparents are left out of the visitation equation. In many cases the grandparents have been a significant part of a child’s life, providing love, care and support. For over 30 years Fisher & Fisher Law Offices have been helping grandparents to assert their rights to see their grandchildren in Northeastern Pennsylvania including Monroe, Wayne, Pike, Luzerne, Lackawanna, Carbon, and Northampton Counties.

Pennsylvania law provides that grandparents may be granted reasonable custodial or visitation rights under the following circumstances:

  • When a parent is deceased.
  • If a child’s parent is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation rights to the child, or both, by the Court if it is found that the visitation is in the child’s best interest. Generally, the more contact that the grandparents had with the child before the death of the child’s parent, the more custodial time the grandparents will be given.
  • When the parents are separated or divorced.
  • After a divorce complaint has been filed by a parent, or when the parents have been separated for at least six months, the Court may grant reasonable partial custody or visitation rights to the child, or both, if it is in the child’s best interest and it would not interfere with the parent-child relationship. Again, the Court will consider the amount of contact between the grandparents and the child previous to the filing of the petition.
  • When the child has previously resided with grandparents.
  • If a child has resided with his or her grandparents or great-grandparents for a period of twelve months or more, and is subsequently removed from the home by the parents, the grandparents or great-grandparents may petition the court for partial custody or visitation rights to the child, or both. The best interests of the child will be considered, and these rights will only be granted if it will not interfere with the parent-child relationship.

If you find yourself being denied the ability to see or visit with your grandchildren, and you feel your relationship with them is an important part of their lives, you need an experienced and dedicated attorney to advocate on your behalf. Take a few minutes to call Fisher & Fisher Law Offices to arrange for a free consultation.

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