MarvellandCuthbert

Grandparent Custody Rights

Pennsylvania law grants to grandparents the right to seek custodial rights with regard to their minor grandchildren, but those rights are not unlimited. Grandparents must first have 'standing' to seek custodial rights; i.e., certain criteria must be met, or facts established under Pennsylvania law, which will give the grandparents the right to file a complaint to establish or to confirm their custodial rights.

Death of a Parent.
If the parent of a minor grandchild has died, and the surviving parent refuses to allow the grandparents to spend time with their grandchild, the court may grant reasonable partial custody or visitation rights (or both) to the grandparents - if the court finds that such custody and/or visitation is in the best interests of the child. How much custodial time depends in large part upon how much time the grandparents spent with the child prior to the death of the parent.

Separation and/or Divorce of the Child's Parents.
Grandparents may also seek custodial or visitation rights to their minor grandchild if (i) the parents of the child have been separated for 6 months or more; or (ii) one of the child's parents has filed a complaint in divorce. Under these circumstances, the court must not only find that such custody and/or visitation is in the best interests of the child but, in addition, that granting such custody and/or visitation will not interfere with the relationship between the child and the child's parents. Again, how much time the grandparents spent with their grandchild prior to separation or divorce of the child's parents will factor into the court's decision.

The Grandchild Has Been Living With His/Her Grandparents.
If the minor grandchild has resided with the grandparents for a period of twelve (12) months or more, and is thereafter removed from the grandparents' home by the child's parents, the grandparents may petition the court for partial custody or visitation or both. Once again, the best interests of the child will be considered and grandparents will only be granted partial custody and/or visitation if the granting of such rights will not interfere with the relationship between the child and one or both of the child's parents.