Grandparents and Great-grandparents and Custody

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:

1. Where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section;
2. 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
3. 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.

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.