A recent Pennsylvania Supreme Court ruling has refined Grandparents rights, which in my opinion, is not good for grandparents. The case brought before the Supreme Court involved a couple with three children, who separated and mutually agreed that all contact with the paternal grandparents should be discontinued. The grandparents filed a complaint seeking partial custody of their grandchildren.

The majority opinion is that since the parents in this case never sought court involvement in resolving the co-parenting of their children, the court should allow them to continue to make co-parenting decisions during separation or divorce. The court stated that under the existing statute, the court must take into consideration the following factors regarding the grandparents’ rights:

  1. The amount of personal contact between the child and the grandparents prior to the filing of the action;
  2. Whether the award interferes with any parent-child relationship;
  3. Whether the award is in the best interest of the child

Unless the grandparents can prove harm to the child, the court does not feel that it should force parents to litigate their custody decisions.

For the full documentation, please click here.