In Pennsylvania, grandparents can enforce their legal rights to visitation rights which allow them to spend time with their grandchildren. However, certain conditions may apply to these cases. The following are factors that are considered when they approach a grandparents’ rights attorney in Stroudsburg, PA to seek visitation.
Reviewing the Relationship Between the Parents and the Grandparents
The relationship between the parents and the grandparents is evaluated before the case is heard in court. For example, if both parents refuse to allow the grandparents to visit their child, they must present just cause for this refusal. If the relationship between either parent or the grandparents involved abuse, the parents are within their rights to refuse visitation. If they didn’t maintain a relationship with their parents due to hostility or a lack of a relationship, they can stop visitation from happening. If the grandparents pose any threat to the children, the court won’t allow visitation.
Why Is the Marital Status of the Parents Relevant?
The marital status of the parents is relevant to visitation. If the custodial parent refuses visitation, it is up to the non-custodial parent to allow their parents to visit their child. The grandparents are allowed visitation with their grandchild via their son or daughter. If their own child chooses to prevent visitation, the grandparent can seek visitation rights through the court.
Can Grandparents Get Visitation If the Child Is Adopted?
Generally, the grandparents cannot obtain visitation rights for a child that was put up for adoption. In these cases, the biological parents terminated their rights. If the parent doesn’t have rights, the grandparents cannot obtain these rights as adoption laws prohibit any visitation unless approved by the adoptive parents.
In Pennsylvania, grandparents have the legal option to seek visitation rights; however, certain conditions may apply to these cases. If the parents have a just cause for refusing visitation, they can prevent the grandparents from gaining these rights. Anyone who needs assistance through a grandparents rights attorney in Stroudsburg, PA should meet Attorney Erik Conrad today for more information about these cases.