Who Is Permitted to Sue for Custody?

The only person allowed to sue for custody is someone that has “standing” under the law.  In order to sue for custody you must prove that you have legal standing to do so.  The following individuals may file for physical or legal custody under PA law:

1. A parent of the child.
2. A person who stands in loco parentis to the child.  A person who stands in loco parentis of child is one who has stood in the shoes of a parent and has assumed responsibilities of caring for the child.
3. A grandparent of the child who is not in loco parentis to the child:
   1. whose relationship with the child began either with the consent of a parent of the child or under a court order;
   2. who assumes or is willing to assume responsibility for the child; and
   3. when one of the following conditions is met:
      1. the child has been determined to be a dependent child under the regulations
      2. the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity; or
      3. the child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home and is removed from the home by parents, in which case the action must be filed within six months after removal of the child from the home.

If you are curious about your right to seek physical or legal custody, contact us today.  

Read More About Standing for Grandparents and Great-grandparents.