In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Pennsylvania Affidavit by Grandparents in Support of Petition by Grandparents for Visitation Rights With The Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child is a legal document that allows grandparents to formally request visitation rights with their grandchild following the dissolution of the parents' marriage. This affidavit serves as evidence and support for the petition filed by the grandparents. Pennsylvania recognizes the importance of maintaining strong grandparent-grandchild relationships and acknowledges that grandparents play a vital role in the upbringing and well-being of their grandchildren. There are two different types of Pennsylvania Affidavits that grandparents can use when filing for visitation rights: 1. Affidavit of Consent: This type of affidavit is used when both parents of the minor child agree to the visitation request by the grandparents. It demonstrates the unified consent of all parties involved, confirming that the parents are supportive of the grandparent-grandchild relationship. This affidavit must be signed by both parents and notarized. 2. Affidavit of Non-Consent: In cases where one or both parents oppose the visitation request, grandparents may file an Affidavit of Non-Consent. This affidavit outlines the reasons why visitation is being denied, such as concerns about the welfare or upbringing of the child. The court will carefully evaluate this affidavit along with other evidence presented by both parties before making a decision regarding visitation rights. When drafting the Pennsylvania Affidavit by Grandparents in Support of Petition by Grandparents for Visitation Rights With The Minor Grandchild on Dissolution of the Marriage of the Parents of the Minor Child, several key elements should be included: 1. Header: Include the title of the document with the case number, court name, and date of filing. 2. Affine's Details: Provide the full name, address, and contact information of the grandparents filing the affidavit. 3. Relationship to Child: Clearly state the relationship between the grandparents and the minor child, emphasizing the importance of the bond and the grandparent's role in the child's life. 4. Purpose of the Affidavit: Explain the purpose of the affidavit, which is to support the petition for visitation rights. Clarify that the affidavit is being submitted voluntarily by the affine(s) and that all information provided is accurate to the best of their knowledge. 5. Testimony and Evidence: Present a detailed account of specific facts and incidents that demonstrate the positive influence and involvement of the grandparents in the child's life. Include information about previous visits, regular contact, and any important events or milestones shared together. Attach supporting documents if available, such as photographs or letters. 6. Addressing Best Interests of the Child: Highlight the benefits the child will gain from maintaining a relationship with the grandparents, focusing on emotional, psychological, and social wellbeing. Discuss the impact of severed ties, negative consequences, and the potential lifelong effects on the child's overall development. 7. Parental Cooperation: If applicable, mention any attempts made by the grandparents to communicate and work together with the parents, emphasizing their willingness to support the child's best interests and the importance of cooperation between all parties involved. 8. Requested Visitation Schedule: Outline the desired visitation schedule, including specific dates, times, and duration of visitation periods. Be flexible and open to negotiation if necessary, showing consideration for the child's school, extracurricular activities, and other commitments. 9. Notarization: Conclude the affidavit with a section for the affine(s) to sign, and provide space for the signature and seal of a notary public. Remember to consult with an attorney to ensure that the affidavit complies with the specific requirements and guidelines of Pennsylvania family law.
