Parental Rights

Parental Rights Attorney in Montgomery County

Defending & Establishing the Parent-Child Legal Relationship

A parental rights case isn’t a custody dispute. It’s a proceeding that can permanently alter or sever the legal bond between a parent and child. Whether you’re defending against a termination petition, seeking to establish your legal parenthood, or protecting your parental authority against a third-party challenge, the stakes are different in kind from a standard custody matter. Shemtob Draganosky Taylor Stein, PC concentrates exclusively on divorce and family law, and our attorneys understand what’s at risk when legal parenthood itself is in question.

We represent parents throughout Montgomery County across the full range of parental rights proceedings. With over 100 combined years of family law experience, we handle these matters with the same personalized attention we bring to every client: learning the details of your situation and building a strategy around your specific circumstances. Where appropriate, we pursue resolution through mediation or negotiation. When a case demands courtroom advocacy, we’re prepared to provide it.

When to Contact a Parental Rights Lawyer

Parents facing these proceedings often don’t know how urgent their timeline is until they speak with an attorney. If you’ve received a petition for involuntary termination, been notified of a co-parent’s plan to pursue stepparent adoption, or are concerned that a pending third-party custody petition could limit your legal authority over your child, early legal counsel matters. Contact Shemtob Draganosky Taylor Stein, PC at (215) 544-3974 or through our online contact form to speak with a member of our team.

Types of Parental Rights Cases in Montgomery County

Parental rights and custody rights are related but legally distinct. Custody governs where a child lives and who makes day-to-day decisions. Parental rights is the overarching legal status, and it can be challenged, limited, or permanently extinguished through court proceedings. We handle parental rights matters arising in several different contexts.

Defending Against Involuntary Termination

When a child welfare agency or a co-parent files a petition to involuntarily terminate parental rights, the parent whose rights are at stake faces one of the most consequential legal proceedings in family law. Termination permanently severs all legal ties between parent and child. A parent in this position needs legal representation immediately, and evidence of active parental involvement, consistent contact, and support payments can all bear on how the case unfolds.

Stepparent Adoption & Termination Petitions

Pennsylvania law requires the termination of a non-custodial biological parent’s rights before a stepparent can legally adopt. This means a co-parent pursuing stepparent adoption must first petition to terminate the other biological parent’s rights. If you’ve been served with that kind of petition, parental rights defense is the immediate legal priority.

Establishing Legal Parenthood

For unmarried parents, legal parenthood doesn’t follow automatically from a biological connection. Establishing parental rights typically begins with a paternity action or a formal parentage determination. Once legal parentage is established, custody, support, and visitation rights flow from that finding. We handle custody and child support matters for unmarried parents and maintain dedicated practice areas for paternity and related parentage proceedings.

Third-Party Custody Challenges

Grandparents, stepparents, and other third parties can petition Pennsylvania courts for custody or visitation in certain circumstances. When those petitions succeed, they can substantially limit a parent’s authority over their child. We handle grandparent visitation and custody matters and represent parents whose parental authority is being challenged through third-party petitions.

Relocation & Parental Rights

A proposed relocation can significantly impair the non-relocating parent’s ability to exercise their parental rights. When a proposed move would substantially interfere with that parent’s contact and involvement, the relocation dispute carries real parental rights implications. We handle relocation matters as part of our broader parental rights and custody practice.

Pennsylvania Law Governing Parental Rights

Involuntary termination of parental rights in Pennsylvania is governed by 23 Pa.C.S. § 2511, part of the Adoption Act. Courts apply a two-step analysis before terminating parental rights.

Step One: Grounds for Termination Under § 2511(a)

The petitioner must prove at least one of eleven enumerated grounds under § 2511(a) by clear and convincing evidence, a heightened standard requiring firm belief in the truth of the allegations. Those grounds include:

Failure to perform parental duties for at least six months
Persistent incapacity or neglect placing the child at risk
Abandonment of a newborn with no contact or support for at least four months

Step Two: The Child’s Needs & Welfare Under § 2511(b)

The court must then assess the child’s developmental, physical, and emotional needs and welfare under § 2511(b). Pennsylvania appellate courts require an evaluation of the emotional bond between parent and child as part of that welfare analysis. Because parental rights carry constitutional protection, the clear and convincing evidence standard applies to both stages.

Venue & Voluntary Relinquishment

Termination and adoption matters are heard in the Orphans’ Court Division of the Montgomery County Court of Common Pleas. Custody-linked parental rights matters are heard in the family division of the same court. A parent may also voluntarily relinquish parental rights, but Pennsylvania courts generally won’t accept voluntary relinquishment unless an adoption is pending. In contested termination proceedings, the court is required to appoint legal counsel to represent the child’s interests. A guardian ad litem may also be appointed to represent the child’s best interests, and where the child’s legal interests and best interests don’t conflict, one attorney may serve both roles.

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Vigorously Representing Clients to Achieve Their Goals

Former Clients Say It Best

"Highly experienced, client-focused and efficient service"

I appreciated David Draganosky’s informed guidance and willingness to move forward diligently, which set the stage for a favorable resolution. Your firm’s reputation for highly experienced, client-focused and efficient service is well-deserved.

- Former Client
I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha

- Former Client
Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.

- Former Client
Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.

- Former Client

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Why Montgomery County Parents Choose Shemtob Draganosky Taylor Stein, PC

Parental rights proceedings move on court-driven timelines, and having attorneys who are active in the Pennsylvania family law bar and familiar with Montgomery County court procedures matters at every stage. We concentrate on divorce and family law exclusively, and that focus shapes how we handle parental rights matters from the initial petition through any appeal.

Lori K. Shemtob is a Fellow of the American Academy of Matrimonial Lawyers (AAML), a distinction held by fewer than 75 family law lawyers in Pennsylvania. She is also one of only 14 lawyers in Pennsylvania certified by the AAML as a family law arbitrator, and she has been named a Pennsylvania Super Lawyer every year since 2006. Andrew D. Taylor was elected Treasurer of the Pennsylvania Bar Association Family Law Section in July 2026. Multiple attorneys at the firm have been recognized by Super Lawyers in 2026.

Our attorneys regularly lecture for the Pennsylvania Bar Association, the Montgomery Bar Association, and civic and professional groups on family law topics. That presence in the legal community reflects an ongoing engagement with how Pennsylvania family law develops, including in the parental rights context. We bring large-firm experience to every case and deliver it through a boutique service model that gives every client direct, sustained attention throughout their matter.

What Parents Should Know When Their Rights Are at Risk

There’s an important distinction between having your parental rights questioned and having them legally terminated. A custody modification, a grandparent visitation order, or a relocation dispute can affect how you exercise your rights without extinguishing them. Involuntary termination is different: it permanently severs the legal parent-child relationship. Understanding where a proceeding falls on that spectrum shapes what legal options are available and how urgently you need to act.

Responding to a Termination Petition

When a petition for involuntary termination is filed in the Orphans’ Court Division, the parent whose rights are at stake has the right to legal representation. Under 23 Pa.C.S. § 2313(a.1), if a parent can’t afford counsel, the court shall appoint one upon petition of the parent and a determination that they are unable to pay or that payment would result in substantial financial hardship. The process involves filing of the petition, service of notice on the parent, and an evidentiary hearing before a judge, at which the parent has the opportunity to present evidence and testimony in their defense.

Courts evaluate parental conduct in the period leading up to the filing, which is why acting promptly matters. Evidence of consistent contact, active involvement in the child’s life, and current support payments can all be relevant to how the court evaluates the grounds asserted under § 2511(a).

Appealing a Termination Decree

A parent who has a termination decree entered against them may have the right to appeal to the Pennsylvania Superior Court. The window for filing is limited, making prompt legal counsel after an adverse ruling important. We handle appeals in family law matters, including cases where a termination decree is being challenged.

Establishing Rights Rather Than Defending Them

Not every parental rights matter begins with a threat. Some parents come to us because they want to establish their legal parenthood and the rights that come with it: the right to seek custody, to be involved in medical and educational decisions, and to have a legally recognized relationship with their child. For those parents, a paternity action or parentage determination is often the starting point, followed by custody and support proceedings once legal parentage is confirmed.

Dispute Resolution in Parental Rights Matters

Where circumstances allow, we pursue resolution through mediation, negotiation, or other alternative dispute resolution methods. Lori K. Shemtob is a family law mediator and one of only 14 lawyers in Pennsylvania certified as a family law arbitrator by the AAML, which gives our clients dispute resolution options that go beyond standard litigation. When a parental rights matter can’t be resolved outside of court, we’re prepared to advocate fully at hearing.

If your parental rights are at risk or in dispute, don’t wait to get counsel. Call Shemtob Draganosky Taylor Stein, PC at (215) 544-3974 or reach out through our online contact form to schedule a consultation with a parental rights attorney serving Montgomery County.

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Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-544-3974 today!

How long has same-sex marriage been legal in Pennsylvania?

Pennsylvania has recognized same-sex marriages since May 2014 when a U.S. federal district court judge ruled that Pennsylvania’s 1996 statutory ban on the recognition of same-sex marriage was unconstitutional. Before then, Pennsylvania prohibited same-sex marriage and refused to recognize same-sex marriages performed in other states. In June 2015 the U.S. Supreme Court ruled in Obergefell v. Hodges that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages validly performed in other jurisdictions. This significant decision legalized same-sex marriage throughout the United States.
What Should I Do Before Contacting Your Firm?

It can help to gather key documents, such as basic financial records and any existing custody paperwork, and to think about your main concerns and goals. You do not need everything perfectly organized. Our role is to help you sort through information and identify next steps during the consultation.
Are Same-Sex Divorces Treated Differently Under Pennsylvania Law?

Pennsylvania law applies the same divorce and custody standards to same-sex and different-sex spouses. That said, the history of your relationship and parentage can raise unique questions. We pay close attention to those details and advocate for fair treatment of your family within the existing legal framework.

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We learn your story and we live it. Our team prides themselves on listening and learning every fine detail. More importantly, we remember those details in court and at the negotiation table. When you put your case in our hands, we provide you with the personal attention and commitment you and your case deserve.
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Our attorneys believe it is their duty to empower and educate people about their rights in divorce. Propelled by a responsibility to give back to the community, several divorce lawyers within the firm regularly speak and teach at civic groups and bar associations.
Reputable & Trusted Family Law Attorneys
Named as a Pennsylvania Super Lawyer each year since 2006, the firm’s founder, Lori K. Shemtob, is a Fellow of the American Academy of Matrimonial Lawyers (AAML) — an esteemed honor held by only 74 family law lawyers in all of Pennsylvania. She served as AAML’s President of the Pennsylvania Chapter from July 2016 through July 2017.
From Big Firm to Boutique Firm

Our story begins with a group of lawyers who came from big firms with a passion to create a better experience for our clients. Each lawyer's knowledge and experience contribute to innovative strategies in court and settlement negotiations. Our commitment to excellence takes our divorce and family law firm well beyond the ordinary.