Can a Grandparent Seek Custody or Visitation Rights With Their Grandchild in PA?

Many grandparents form a close bond with their grandchildren. In some cases, that bond may be equal to–or even greater than–the child’s bond with one or both of their parents. But when it comes to legal matters like establishing child custody or visitation rights, what rights does a grandparent have under Pennsylvania law? Can a grandparent actually seek legal or physical custody of their grandchild under Pennsylvania law?

The simple answer is “yes.” Chapter 53 of the Pennsylvania Consolidated Statutes, which governs child custody in the Commonwealth, does provide for specific rights of grandparents in custody and visitation matters. At the outset, it is important to distinguish legal custody (the ability to make major life decisions for a child) from physical custody (whom the child lives and spends time with).

There are three classes of persons who can seek any form of physical or legal custody. The first is obviously the child’s parents. The second is any person “who stands in loco parentis to the child.” The third is a grandparent of the child who is not in loco parentis.

Custody vs. Visitation Rights

Not all grandparents have legal standing to pursue custody. The grandparent must have begun their relationship with the grandchild with the consent of a parent or under a previous court order. The grandparent must also be willing to assume responsibility for the child. And one of the following three conditions must be met:

• a Pennsylvania court has determined the child is a “dependent child”;
• the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity; or
• the child has resided with the grandparent for a period of at least 12 consecutive months and was later removed by the parents; in this case, a grandparent must file a petition to establish custody within six months of said removal.

Additionally, a grandparent or great-grandparent may seek partial physical custody or supervised physical custody–i.e., visitation rights–under the following circumstances:

• the parent is deceased, and the parent or grandparent of the deceased parent wishes to establish visitation rights;
• the parents have initiated a child custody proceedings and cannot agree as to whether the grandparents or great-grandparents should have visitation rights; or
• the child has resided with the grandparent for a period of at least 12 consecutive months and was later removed by the parents; in this case, a grandparent must file a petition to establish visitation rights within six months of said removal.

How Does a Court Decide a Grandparent’s Rights?

In determining whether a parent or great-grandparent should have visitation rights, a Pennsylvania court must consider the prior amount of personal contact between the child and the grandparent, whether visitation rights would interfere with the parent-child relationship, and overall, whether such visitation rights would be in the best interest of the child.

If you are involved in a child custody matter and need legal advice from a qualified Leighton family law attorney, contact the Law Office of Kim M. Gillen, P.C., today to schedule a consultation.

Source:

legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM