Is Standing Sua Sponte a Prerequisite for Jurisdiction In a Case of a Grandparent Seeking Visitation Rights ?
In Grom v. Burgoon, 448 Pa. Super. 616, 672 A.2d 823, 824-825 (Pa. Super. 1996), the appellant alleged that the trial court erred in raising the issue of standing sua sponte.
The appellant was a grandparent seeking visitation rights of a child under section 5313 of the Custody and Grandparents Visitation Act. See 23 Pa.C.S. 5313.
The Court concluded that because section 5313 creates a cause of action for grandparent visitation and designates who may bring suit under its provisions, standing was a prerequisite for jurisdiction. See Grom, 672 A.2d at 825.
Accordingly, the Court held that the trial court properly considered the question of standing sua sponte. See id.