L.A.L. v. V.D.
72 A.3d 690
| Pa. Super. Ct. | 2013Background
- Appellants (paternal grandparents) filed for partial custody of their grandson (born 2010) after parents — who never married — ended their relationship and entered a custody agreement between themselves.
- Grandparents filed their petition on October 31, 2012; trial court held a hearing and dismissed the petition for lack of standing on Jan. 30, 2013.
- Trial court interpreted 23 Pa.C.S. § 5325(2) to confer standing only where the child’s parents had been married, citing an interest in promoting marriage.
- Appellants appealed, arguing § 5325(2) should be read to permit grandparents of children born out of wedlock to seek custody where parents have been separated at least six months.
- The Superior Court reviewed statutory interpretation de novo, compared the 2010 Child Custody Act amendments (§ 5325(2)) to the predecessor statute (§ 5312), and considered prior case law construing “separated.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 5325(2) grants standing to grandparents of a child born to parents who were never married but have been separated at least six months | Grandparents: “separated” applies to unwed parents; statute grants standing | Trial court/state: statute intended to apply only where parents were married; protect/promote marriage | The Superior Court held § 5325(2) allows grandparents standing even when the child’s parents were never married; prior judicial construction of “separated” survives 2010 amendments |
Key Cases Cited
- Bishop v. Piller, 637 A.2d 976 (Pa. 1994) (Supreme Court affirmed that “separated” can refer to separation after conception, allowing grandparent standing for children born out of wedlock)
- Malone v. Stonerook, 843 A.2d 1278 (Pa. Super. 2004) (interpreted predecessor § 5312 to grant standing to grandparents where parents never married and had been separated)
- Schmehl v. Wegelin, 927 A.2d 183 (Pa. 2007) (discussed limits of grandparent standing under prior statute when parents were married and cohabiting)
- Commonwealth v. Dickson, 918 A.2d 95 (Pa. 2007) (statutory-construction principle that legislature intends prior judicial constructions to carry forward when enacting similar statutes)