WYOMISSING-READING-BERKS COUNTY ATTORNEY JANA R. BARNETT HELPS THIRD PARTIES IN CHILD CUSTODY MATTERS
Although custody disputes usually are between biological parents, other people may seek and get custody or visitation of a child, including grandparents, great-grandparents, and third parties who have served in loco parentis (that is, instead of or in place of a parent). Attorney Jana R. Barnett regularly represents grandparents, great-grandparents and other third parties seeking custody of children, as well as those who oppose such custody.
The custody law gives third parties the right to seek physical and legal custody when they:
- Stand in loco parentis to the child; or
- Prove – by clear and convincing evidence – that
- Her or she has assumed or is willing to assume responsibility for the child;
- Has a sustained, substantial and sincere interest in the welfare of the child;
- Neither parent has any form of care and control of the child; and
- There is no pending dependency proceeding or an order of permanent legal custody through dependency.
If there is an existing custody lawsuit involving the children, third parties would ask the Court’s permission to intervene in that lawsuit.
If there is not an existing custody lawsuit involving the children, third parties would file a custody action against the parents.
To read the statutes and related materials, please use the drop down menu.
If you would like to speak with Attorney Jana R. Barnett about the rights of grandparents or great-grandparents to seek custody or visitation, and learn how she can assist you, call her at 610-478-1860, or click here to send her an e-mail, and she will reply as quickly as possible