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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, […]

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 […]