A grandparent or great-grandparent must have legal standing (legal right) to file a legal action for custody.
A grandparent or great-grandparent may file an action for partial physical custody or supervised physical custody in the following situations:
- Where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section;
- Where the parents of the child have been separated for a period of at least six months or have commenced and continued a proceeding to dissolve their marriage; or
- When the child has resided with the grandparent or great-grandparent for at least 12 consecutive months, excluding brief temporary absences of the child from the home, and is removed from the home by the parents an action must be filed within six months after the removal of the child from the home.
While PA laws provide standing for grandparents or great-grandparents, as explained above, a grandparent may also have other legal standing to file for custody.
When deciding whether the grandparents and great-grandparents shall have partial physical custody or supervised physical custody, courts will consider whether the award interferes with any parent child-relationship and whether the award is in the best interest of the child.
If you would like more information on seeking custody for your grandchild, contact us today.