Grandparents’ Rights in PA 2026: When Can You File for Visitation in Monroe County?

Grandparents can generally file for visitation in Monroe County in three circumstances: (i) following the death of a parent; (ii) in connection with the parents’ divorce or separation; and (iii) if the child has lived with the grandparents for at least 12 consecutive months. But, additional requirements apply, and securing grandparent visitation requires proof that this is in the child’s “best interests.”

As a grandparent, it can be heartbreaking to be denied access to your grandchild. This is especially true if you have concerns for your grandchild’s well-being or safety. While Pennsylvania law generally presumes that parents know what is best for their children, the law also allows grandparents to seek visitation rights (also referred to as partial custody) in appropriate circumstances.

If you would like to seek visitation rights as a grandparent, we strongly recommend speaking with an experienced Monroe County family law attorney. These are delicate situations, and an experienced attorney will be able to help you take all of the necessary steps to maximize your chances of success.

Pennsylvania’s “Best Interests” Factors for Establishing Grandparents’ Visitation Rights

In all child custody and visitation-related matters, Pennsylvania law requires parents and grandparents to prioritize the best interests of the children involved. Here, what is in a child’s best interests is not determined by the parents or grandparents, but instead by Pennsylvania law.

When going through a divorce or separation, parents have the ability to develop a custody plan based on Pennsylvania’s “best interests” factors—and the courts will generally uphold the parents’ plan as long as it complies with the law. However, when grandparents need to seek visitation against one or both parents’ wishes, they must generally be able to show that their desired visitation rights serve their grandchild’s best interests in court.

Of course, every situation is unique, and what is best for one child can be very different from what is best for another. As a result, the Monroe County courts will give more or less weight to each of Pennsylvania’s “best interests” factors in different circumstances. Keeping this in mind, Pennsylvania’s “best interests” factors include:

• Which party is more likely to ensure the safety of the child
• Any history of abuse committed by any member of the child’s household
• The level of cooperation and conflict between the parties
• Each party’s willingness and ability to prioritize the child’s needs
• The need for stability and continuity in the child’s education and daily life
• The child’s siblings and other familial relationships
• The child’s preference (depending on age and maturity)
• The proximity of the parties’ residences
• Each party’s employment schedule and availability to care for the child
• Any history of drug or alcohol abuse for any member of the child’s household
• The mental and physical condition of each party and each member of the party’s household

This list is not exclusive. Pennsylvania law also calls for consideration of “[a]ny other relevant factor” when evaluating a grandparent’s request for visitation rights. When you hire an experienced Monroe County family law attorney to represent you, your attorney will be able to assist with identifying and applying all relevant factors based on the specific circumstances at hand.

Filing for Grandparent Visitation Rights in Monroe County, PA

To file for visitation rights as a grandparent in Pennsylvania, you must submit a formal petition to the Court of Common Pleas in the county where your grandchild currently resides.

In your petition, you must explain your current relationship with your grandchild and why you believe that visitation rights are warranted. You must also demonstrate that the circumstances at hand fall into one of the three categories listed above.

After you file your petition, the court will schedule a hearing. At this hearing, you and the child’s parents will be given the opportunity to explain why visitation rights should (or shouldn’t) be awarded. The judge may also appoint a guardian ad litem to advocate for the child’s interests. After hearing testimony and arguments from all parties, the judge will render a binding decision.

Do You Need to Know More About Seeking Grandparent Visitation? Schedule a Free Consultation Today

Gary J. Saylor, II, is an experienced Monroe County family law attorney who represents grandparents in all child custody and visitation matters. If you need more information about seeking visitation rights as a grandparent in Pennsylvania, we invite you to contact us. To schedule a free and confidential consultation as soon as possible, call us at 570-421-5568 or tell us online how we can reach you today.