Tag: grandparent custody

Pennsylvania Supreme Court Strikes Down Part of Grandparent Custody Law

Parents' Marital Separation is Not Enough

September 17, 2016 | Blog, Child Custody, Court Decisions

Icon for author Brian Vertz Brian Vertz

Grandparents who seek custody rights faced a setback this month when the Pennsylvania Supreme Court struck down a portion of the law that allowed grandparents to sue for custody when the children’s parents were separated for at least six months.  The Supreme Court, in D.P. and B.P. v. G.J.P. and A.P., No. 25 WAP 2016 (September 9, 2016), examined the grandparent standing law, that defines which grandparents may sue for custody rights.  The law, […]

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Superior Court Affirms Bio Parents’ Constitutional Advantage over Grandparents in Custody Cases

September 22, 2012 | Blog, Child Custody

Icon for author Brian Vertz Brian Vertz

A new Superior Court decision arising from Northampton County affirms the constitutional advantage that biological parents have in custody proceedings against grandparents and other third parties. In V.B. and C.B. v. J.E.B. and C.C. (2012 PA Super 200, 9/21/12), the Court reversed a decision in which the trial court awarded primary custody to the grandparents. The Court held that the presumption in favor of parents was not overcome by evidence […]

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