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.

The 16+ Factors That Family Courts Take Into Consideration When Deciding Custody

Pennsylvania family courts take into consideration the following factors to determine the best interests of a child:

1. Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
2. The present and past abuse committed by a party or member of the party’s household, whether there is continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
3. The parental duties performed by each party on behalf of the child.
4. The need for stability and continuity in the child’s education, family life, and community life.
5. The availability of extended family.
6. The child’s sibling relationships.
7. The well-reasoned preference of the child, based on the child’s maturity and judgement.
8. The attempts of a parent to turn the child against the other parent, with some exception.
9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
10. Which party is more likely to attend to the daily physical, emotional, developmental, education and special needs of the child.
11. The proximity of the residences of the parties.
12. Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
13. The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another.  
14. The history of drug or alcohol abuse of a party or member of a party’s household.
15. The mental and physical condition of a party or member of a party’s household.
16. Any other relevant factor.

All of these factors are to be considered and can be given varying amounts of weight.  If you have a question about how these factors may affect your custody case, contact us today.

The Types of Custody in Pennsylvania

Custody falls into two categories in Pennsylvania: physical and legal.  Physical custody is the actual possession and control of a child.  Legal custody is the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.

Within those two categories of custody, a court may award the following type(s) of custody based on the best interests of the child:

1. Shared physical custody.  This is the right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child.
2. Primary physical custody. The right to assume physical custody of the child for the majority of the time.
3. Partial physical custody. The right to assume physical custody of the child for less than a majority of the time.
4. Sole physical custody. The right of one individual to exclusive physical custody of the child.
5. Supervised physical custody. Custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights.
6. Shared legal custody. The right of more than one individual to legal custody of the child.
7. Sole legal custody. The right of one individual to exclusive legal custody of the child.

What about visitation?  Visitation is no longer a term recognized by the state of Pennsylvania.  When term “visitation” is used in reference to custody it may be construed to mean: partial physical custody, shared physical custody, or supervised physical custody.

For more information about physical or legal custody, contact us today.

RELOCATION IN PENNSYLVANIA

Question: My ex wants to move away with my children. Can I stop her? Does it matter if we have never had a custody order?

Answer: Pennsylvania Law requires a party who plans to relocate a child to notify all persons with custodial rights of the proposed address and the names of all adults and other children in the home. Moving within the state and the same county also require notice.

If you do not have a court-ordered custody arrangement, you can request an order preventing the relocation. This can be done by filing a complaint for custody (does not have to be for primary custody) along with a statement objecting to the relocation, and a request for a hearing.  The procedures may be expedited in relocation cases.

If you have more questions about filing a notice for proposed relocation or preventing the relocation of your children, please call 215-301-9783 for a consultation.