Schmehl v. Wegelin

The Majority concludes that the trial court failed to accord proper weight to the interest of the State in the underlying action and that Section 53121 of the Domestic Relations Code regarding grandparent custody and visitation survives a constitutional challenge on equal protection grounds. I respectfully dissent. Section 5312 of title 23 violates the Equal Protection provisions of the Fourteenth Amendment to the U.S. Constitution and Article I, §§ 1 & 26 of the Pennsylvania Constitution. Therefore, I would affirm the decision of the Court of Common Pleas of Berks County.

*600In Commonwealth v.…