Jean Schmehl and David Schmehl v. Ann Wegelin and Perry Schmehl

Summary

The Supreme Court of Pennsylvania considered whether 23 Pa.C.S. § 5312, which permits grandparents to seek partial custody or visitation when a child's parents are divorced, involved in divorce proceedings, or separated for at least six months, violates equal protection. The majority held that the statute's classification between intact and non-intact families survives strict scrutiny because it serves the Commonwealth's parens patriae interest in protecting children's welfare and is narrowly tailored. The court reversed the Berks County Court of Common Pleas and remanded for further proceedings; separate opinions dissented.

Holdings

1. Section 5312's classification between intact families and divorced or separated families survives strict scrutiny and does not violate the Equal Protection Clause.
2. In applying Section 5312, courts must afford special weight and deference to a fit parent's decision concerning grandparent access and must ensure that visitation or partial custody does not interfere with the parent-child relationship.

Questions Presented

1. Whether 23 Pa.C.S. § 5312 violates the Equal Protection Clause by authorizing grandparents to seek partial custody or visitation when a child's parents are divorced, involved in divorce proceedings, or separated for six months or more, while denying comparable standing when the parents are married and living together.
2. Whether the facial constitutional challenge should be resolved under strict scrutiny because Section 5312 implicates a parent's fundamental right to make decisions concerning the care, custody, and control of the parent's children.
3. Whether the case should be remanded for consideration of the mother's unresolved substantive due process challenge.

Disposition

reversed_and_remanded