Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

Custody Rights for Grandparents This Holiday Season

| |

To Grandmother’s House We Go?

This holiday season one very important custody question frequently comes up: Do grandparents have legal rights to see their grandchildren? Unfortunately, the answer is not super clear and depends on your particular state. The Supreme Court weighed in on the matter in 2000 in Troxel v. Granville, where it held in a 6-3 decision that a Washington statute which allowed any individual to petition for court-ordered rights to see a child over the custodial parent’s objection, if it was in the child’s best interest, violated the parents’ due process rights to make decisions concerning the care, custody and control of their children. Here are some topics to consider when navigating this issue:

  1. Is your state law restrictive or permissive?

    A permissive state is one that allows third parties to seek visitation; a restrictive state only allows petitions if the parents are either divorced or deceased (PA is a restrictive state). Check with a local family law attorney or read the statute to find out the requirements necessary before filing.

  2. Has your grandchild been adopted?

    In some states, if there was an adoption, this can effect third party rights and block a grandparent from access to visits with the child. This can even mean adoption by a step-parent.

  3. Are your grandchild’s parents divorced?

    Sometimes divorce can be a threshold requirement in order for a grandparent to petition for rights. A state may require that a divorce be finalized before a third party can intervene.

  4. Should you try mediation before court intervention?

    In cases where there is bad blood or one parent does not want the grandparent to see the child, mediation can be an option to help mitigate some of that tension. This alternative to going to court can be cheaper, faster and less contentious.

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540 Meeting Location: By Appointment Only (609) 917 9560 view details
Linwood210 New Road #15 Linwood, NJ 08221 Meeting Location: By Appointment Only (609) 375-0351 view details
Parsippany8 Campus Dr, Parsippany, NJ 07054 Meeting Location: By Appointment Only (973) 310-5320 view details
Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Norristown516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details
schedule a consultation Today
Contact Us Fill out the form or call us today (866) 465-5395