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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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After eight years of giving free child care to my daughter's

Customer Question

After eight years of giving free child care to my daughter's two children I became ill and could no longer offer my service. With in a year my daughter forbid me to see the children or to have any connection because she wanted to connect with my brother's family because he had daughters near her age. Her concern was she did not have a large number of family members to attend her children's birthday parties. This brother had done the same thing to our mother and never attended our mother's funeral. My daughter's husband have committed a sex offense in our home when my daughter was 14 and he was 19. We tried not to ruin his live and did not file rape charges. This was our first mistake. He continued to coming to our home while we were working. They got married years later and we accepted their choice. He and his family have never included us in family gatherings and we know they were a great influence on the disconnection after I became ill and could no longer offer full time child care. I have tried to reconnect. First they used facebook to threaten harm and post degrading comments to me. We recently moved to another state. I have tried to visit her home on two occasions to try and reconnect. When I visited her home this week hoping we could talk while her husband wasn't home, she called the police. One officer was understanding however the second threatened to take me to jail for coming to her home. Are there laws in PA for grand parents?
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to helping you today. I'm sorry to hear about your situation.

There are grandparent visitation rights in Pennsylvania, yes, but they are somewhat limited, unfortunately (the law was modified by the state legislature in 2010 and became much more restrictive). According to the Pennsylvania Custody and Grandparents' Visitation Act, grandparents may petition a court for partial custody and visitation only under specific circumstances:

  • Upon the death of a birth parent
  • When parents are divorced or have been separated for six months or more
  • When a child has resided with a grandparent for 12 months or more, followed by the child being removed by a parent

In each of these instances, a court will try to determine what situation will be best for the child and what will best serve the child for his or her future. Before a court will award visitation or custody, however, many factors are taken into account including:

  • The child's emotional, physical and emotional well-being
  • The past relationship between the child and his or her grandparents
  • The child's preferences (if applicable based on age)
  • The potential impact on a child's social and intellectual growth (schooling and extracurricular activities)

A grandparent can file for custody only if he or she is in “loco parentis” to the child, i.e., a person who with the consent of the parent is acting as a parent to the child, or, can prove that: (i) the grandparent’s relationship with the child began either with the parent’s consent or by court order; (ii) the grandparent assumes or is willing to assume responsibility for the child and (iii) one of the following: (A) the child has been determined to be a dependent child; or (B) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity; or (C) for a period of at least 12 consecutive months, the child has resided with the grandparent. The statute allows for brief temporary absences of the child from the grandparent’s home. If the child is residing with the grandparent and is removed by his or her parent, the grandparent must file for custody within 6 months of removal of the child.

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Customer: replied 1 year ago.
Thank you for your help, I have already read this on the state web site. I do not want to continue and do not authorize any futher charges on my credit. I have received contact from another lawyer who has not charged any fee prior to my appoinment in their office.
Expert:  RobertJDFL replied 1 year ago.

I have nothing to do with customer accounts -experts cannot see or access them. We simply answer questions. You'll want to speak to customer service about any charges.***@******.***.