Wednesday, August 28, 2013

Grandparent rights not dependent upon adult children's marriage

One scenario in which a grandparent may establish the legal right to pursue visitation or custody of a grandchild is when the parents of the child are divorced, or have been separated for at least six months.  In a common-sense decision, the Superior Court of Pennsylvania has ruled that a "separation" may exist when the parents have never been married.  So a grandparent may go to court to obtain rights to have a relationship with a child born "out of wedlock" to unmarried parents so long as the parents are not living together. The case is L.A.L. v. V.D., 2013 PA Super 212 (2013).

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