QUESTION

We would like to see our grandchildren one is 5 & 13.

Asked on Aug 04th, 2023 on Family Law - Pennsylvania
More details to this question:
My daughter and our 3 grandsons lived with us until last year, we also did most of the raising, she got married and now she has an extended family with her new husband, he has 2 children one is almost 3 and one is almost. 4, the problem we are having with her now is that we can't see our grandchildren unless we take all 3 of them, I don't feel that is fair, please advise us on what to do. Can we take her to court for visitation, so we get to see them? Her oldest Son who is 17 he still lives with us. Thank you for all of your advice. JackieHaglund@yahoo.com
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1 ANSWER

Appellate Practice Attorney serving Cockeysville, MD at Law Office of Jason Ostendorf LLC
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I see that you reside in Pennsylvania. I'm a Baltimore County child custody lawyer in Maryland, so my legal knowledge is based on Maryland law and may not align perfectly with Pennsylvania's laws, but I can provide a general perspective on your situation. In many states, including Maryland, grandparents do have the right to petition the court for visitation rights with their grandchildren. Courts usually consider a variety of factors when determining whether to grant grandparents' visitation rights, including the strength of the relationship between the grandparent and grandchild, the potential benefit to the child, and any possible harm. Given your history of involvement in raising your grandchildren, these could potentially be strong points in your favor. However, there are often several hurdles to overcome. One key hurdle is that courts typically give significant weight to the decisions of the custodial parents, so if your daughter and her new husband do not want you to see the grandchildren, you will likely have to present a strong case showing why the court should override their decision. My law firm wrote an article on the issue of grandparents' visitation rights, which analyzed how the US Supreme Court has addressed the issue. In light of these complexities, it would be prudent to consult with a local family law attorney who is knowledgeable about grandparents' rights in your state. They can provide you with guidance based on the specifics of your case and help you understand your options under Pennsylvania law. Remember, the best interests of the children are the primary consideration in these situations, and courts will aim to make decisions accordingly.
Answered on Aug 04th, 2023 at 5:27 AM

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