Legal Question in Family Law in Pennsylvania

Rights of a minor parent

As a minor parent, I'm under 18, what rights do I have to my child? What rights do my parents have to my child, their grandchild, if I'm unemancipated?


Asked on 4/22/02, 5:38 pm

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Rights of a minor parent

There is nothing in the domestic relations act which would preclude an Order granting you physical custody of your child. However, such an Order is usually limited to when you are separated from the other party seeking custody. While you live with your parents, they have the right to make rules and require that you follow them.

The following is the relevant section of the law dealing with their rights should you separate.

23 � 5313. When child has resided with grandparents.

If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent- child relationship.

I trust this has been helpful, but feel free to call or e-mail on a free intial basis.

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Answered on 4/23/02, 10:42 am


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