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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
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Experience:  associate attorney
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My granddaughter broke her elbow on Thursday. Her

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My granddaughter broke her elbow on Thursday. Her grandfather and I sent balloons and snacks via our florist. They were declined. I am the paternal grandmother and want to personally deliver to Morgan. What are my legal rights. She declined my son of seeing Her last evening after work.
Submitted: 2 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 2 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com.

Pennsylvania laws are somewhat confusing because they do not use the term "visitation." Instead they refer to seven different types of custody. Grandparents are, however, mentioned specifically as being eligible for two kinds: "partial physical custody" and "supervised physical custody" (visitation). When grandparents win "partial physical custody," they can take grandchildren on outings and trips. When grandparents win "supervised physical custody," the child's custodial parent will decide where contact takes place.

Grandparents may file for visitation only in specific circumstances: if the parent who is their child has died; if the parents are divorced; or if the parents have filed for divorce or have been separated for six months or more.

In these circumstances, the court is instructed to consider the amount of personal contact that took place before the application. If the child resided with the grandparent for twelve months or more and was removed from the grandparent's home by parents, the court may award partial physical custody or supervised physical custody, but suit must be filed within six months after the removal. So if these situations do not describe your situation, you will not have standing to bring suit for visitation unfortunately as PA state law does not allow for court ordered visitation otherwise.

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Expert:  Christopher B, Esq. replied 2 months ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq. replied 2 months ago.

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Thank you in advance.

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