Just in time for National Grandparents Day, which occurs the first Sunday after Labor Day, the state Supreme Court gave grandparents a priceless gift – their grandchildren.
At issue was the constitutionality of a Pennsylvania statute governing the provision of partial custody or visitation to grandparents in the event of the death of a child who is the grandchildren’s parent. The Supreme Court upheld that statute as constitutional and now a grandparent in that situation (or great-grandparent) may seek visitation or partial custody with a grandchild. At issue before the Court in Hiller v. Fausey, PICS Case No. 06-1152 (Pa. Aug. 23, 2006) Baer, J. Cappy, C.J. dissenting (51 pages) was Section 5311 of the Domestic Relations Code. It reads:
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