If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM at (814) 459-4411.
In Pennsylvania, grandparents (and great-grandparents) have the right, in certain circumstances, to initiate custody proceedings and to seek partial custody, visitation or physical and legal custody. In this way, grandparents are treated differently than other third parties in custody situations. The legislative policy is to assure continuing contact of a child with grandparents when a parent is deceased, separated or divorced, when in the best interests of the child.
A grandparent may seek partial custody or visitation in the following situations: (1) a parent has died; (2) the parents are divorced or have been separated for six months or more; or (3) the child has resided with the grandparents for 12 months or more and is subsequently removed from the home by the parents. Grandparents can only be awarded partial custody or visitation rights if the award is in the child’s best interests and it will not interfere with the parent-child relationship.
A grandparent may seek physical and legal custody, better known as primary or full custody, where (1) the grandparent has a genuine care and concern for the child; (2) the relationship with the child began with the consent of a parent or by order of court; and (3) where the grandparent either (a) assumed the role and responsibility of a parent for 12 months; (b) assumed responsibility where the child was determined to be dependent under the Juvenile Act; or (c) deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness.
The Court has no statutory power to order grandparent visitation where both parents are alive, reside together with their children, and object to visitation.
If a child is adopted by anyone other than a stepparent or grandparent, the grandparent’s rights under these statutory provisions no longer apply.
In any proceedings brought by grandparents, hostility and animosity between the parties may be sufficient to preclude grandparents’ visitation or partial custody. The primary issue in determining whether or not to award periods of custody or visitation to grandparents is the best interests of the child.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411.