My son has had joint custody of his son since birth and has resided in our home with him. My son got in some trouble with the law and is doing some time in jail. The mother has stopped us from seeing our grandson with no reason. My son wants us to continue to see our grandchild. My heart is breaking, we are very close. Do I have rights to see him?
Family Law Attorney
I can tell you that generally Pennsylvania law recognizes that grandparents have custody rights. If the mother is not allowing you to see your grandchild, it may be necessary for you to file a petition with the court in which you request custody or visitation rights. Your case would most likely be strengthened by the fact that your grandson has lived with you in the past and you have a strong relationship with him. You have the option of filing the petition on your own or hiring an attorney to help you through the process, which will include a conference and possibly a court hearing.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Yes, you do. Grandparents have standing to file for visitation rights in Pennsylvania, and you would file a petition to modify custody to establish and enforce those rights.
I'd be happy to further discuss your case offline if you'd like. Best of luck to you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364