Do I have the right to visitation?

Q: My grandchild was with me every day for 10 or more hours a day. However, his mother and I had a disagreement and she’s now keeping him away from me. It’s been 3 VERY LONG MONTHS since I saw him. WHAT CAN I DO? (Pittsburgh, PA)

A: I would consider consulting with a family lawyer to determine if under your circumstances, you would qualify for grandparent visitation or custody in a court of law. The newly amended statute has changed the requirements for grandparents and/or great grandparents to prevail on a petition seeking partial custody or visitation. Now, a grandparent and/or great-grandparent may file for partial custody or visitation of a grandchild or great-children when: (1) his or her child is deceased; or (2) when the parents of the child have been separated for a period of at least 6 months or have commenced and continued divorce proceedings; or (3) the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent and has been removed from his or her home by the child’s parents. Brief temporary absences of the grandchild from the residence are excusable. Again, it depends on the facts. Good luck.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.