In Pennsylvania, the Grandparent Visitation Act expanded the rights of grandparents to seek custody in certain circumstances. There are two types of custody that can be sought, legal custody and physical custody. Grandparents can seek one or both, based on their situation.
This guide explains grandparent custody rights in PA and what it means to pursue obtaining custody of a grandchild.
How Hard is it for Grandparents to Get Custody?
Grandparent custody cases must meet specific criteria, also known as “legal standing,” in their filing. However, even if you meet such criteria, the grandparent must still show why it is in the best interest of the child(ren) for the Court to make the award to the grandparent over the child’s parents. This can be a difficult and highly emotional matter for all involved.
Legal Requirements for Filing for Custody
In order to file for custody, grandparents must prove that the child is at risk due to parental abuse, neglect, substance abuse, or incapacity. They must also demonstrate a genuine and substantial relationship with the child.
Additionally, grandparents can file for custody if the child has lived with them for 12 consecutive months and the removal of the child from their home would not be in the child’s best interests.
Joint Custody for Grandparents
Joint Custody, also known as Shared Custody, may be available to grandparents under certain situations. It is important to note that custody orders are specific to each case and can vary significantly based on numerous factors such as family relationships, family resources, family circumstances, parental fitness as well as the complexity of the situation, and the type of custody being sought. Our expert team is here to guide you through all aspects of custody matters and help you decide which type of custody to pursue for YOUR situation. With decades of combined experience, we are committed to helping you and your family.
Primary Physical Custody for Grandparents
With primary physical custody, a child lives primarily with their grandparents, who are responsible for day-to-day care and decisions regarding the child’s upbringing. Primary custody implies that the grandparents have the majority of parenting time, while the parents may be granted visitation rights depending on the court’s decision.
How to Get Custody of a Grandchild or Grandchildren
In Pennsylvania, grandparents may petition for custody of their grandchildren under specific circumstances. Before a judge will hear the case, you must demonstrate that you have the legal right (“standing”) to file. This may be possible if:
- You’ve been acting as the child’s parent (“in loco parentis”), meaning you’ve been raising the child and taking on parental responsibilities, even if you haven’t legally adopted them.
If you haven’t been acting as a parent, you may still qualify to file if:
- You had a relationship with the child that started with the parent’s permission or a court order.
- You’re ready and willing to take care of the child.
- The child has been declared “dependent” by the court (in need of care).
- The child is at serious risk due to abuse, neglect, or the parent’s drug/alcohol issues or inability to care for them.
- The child lived with you for at least 12 straight months, and the parents removed them from your home (you must file for custody within 6 months of the removal).
In some cases, grandparents may file for custody if they can prove the following:
- You’ve taken or are willing to take responsibility for the child.
- You have a strong, ongoing interest in the child’s well-being.
- Neither parent is currently taking care of the child.
- There’s no active custody case or permanent custody order already in place.
If you’re only seeking visitation or supervised custody, you may file if:
- The child’s parents have passed away.
- You had a relationship with the child (with the parent’s permission or through a court order), and the parents are now in a custody dispute and don’t agree on your involvement.
- The child lived with you for at least 12 months and was removed by the parents (you must file within 6 months).
No matter which type of custody you’re seeking, the court will always favor the arrangement that is in the child’s best interests. They will assess your relationship with the child and whether time with you supports their safety, emotional health, and bond with their parents.
The Court Process
Once you’ve filed for custody, the legal process begins. Every custody case is different, but here’s what you can generally expect:
- Initial hearing: A judge may set temporary custody arrangements while the case moves forward.
- Evidence review: This may include testimony from you, the child’s parents, other witnesses, and possibly a home evaluation.
- Best interests evaluation: The judge will consider:
- The child’s emotional and physical needs.
- Your ability to provide a safe, stable home.
- The parents’ history and whether they can safely care for the child.
The court makes decisions based on what is best for the child. As a grandparent, you’ll need to prove that living with you—or spending time with you—is truly in their best interests.
Factors the Court Considers in Grandparent Custody Cases
When deciding whether to grant custody to grandparents, Pennsylvania courts consider several factors. Judges evaluate the child’s needs and the rights of the parents to determine whether a change of custody would align with the child’s best interests.
Best Interests of the Child
When determining whether grandparent custody would serve the child’s best interests, courts assess the child’s physical, emotional, and developmental needs. They consider the stability of the grandparents’ home, the strength of the relationship between the grandparents and the child, and the grandparents’ ability to provide for the child.
Depending on their age and maturity level, the court may also account for the child’s preference to determine if living with the grandparents would be in their best interest.
Parental Rights & Their Impact
While grandparents may seek custody, the court also considers the parents’ rights, as parents generally have a constitutional right to raise their children. The court evaluates whether the parents can provide a safe and nurturing environment or if neglect, abuse, or incapacity necessitate intervention.
If the parents demonstrate a willingness to correct issues affecting their ability to care for the child, the court may rule to maintain parental custody.
Preparing for Taking Your Adult Child to Court
There are really no life experiences that can prepare you for taking your child to court. As hard as it may be, keeping the emotion, of any sort, to the absolute minimum is very important to your case. Having objective evidence in the form of documents, witnesses, and testimony that provide proof of your claims and the relationship with your grandchild(ren), is a crucial component to a successful case. Exhibiting personal behaviors along with your ironclad commitment to furthering and protecting healthy relationships and not creating harm is essential.
Situations Favoring Grandparent Custody
Grandparents may be granted custody in circumstances where the child’s well-being is at risk or when the parents are unable to provide proper care. In situations of parental incarceration, incapacity, or if it is determined to be in the child’s best interests, grandparents in Pennsylvania may be granted custody.
Parental Incarceration or Incapacity
When a parent is incarcerated or incapable of caring for their child due to physical or mental incapacity, grandparents may step in as primary caregivers. In these cases, the court may grant custody to grandparents if it is determined that they can provide stability and proper care for the child.
Child’s Best Interests
If the court finds that the grandparents can provide a more stable, nurturing environment than the parents, custody may be granted to them to ensure the child’s best interests are met. Pennsylvania courts consider the child’s safety, emotional needs, and their existing relationship with the grandparents when determining custody arrangements.
Final Thoughts on Child Custody for Grandparents
Child custody is one of the hardest and most emotional events that people face. It can be complicated and frustrating to understand where and how to file for custody. Having the best advocate and someone who truly cares about you and your family is extremely important. You need an experienced family law attorney on your side. Put our decades of combined experience to work for you!