By Dawn Padanyi, Esq.

Pennsylvania Courts recognize that the bond and relationship between a grandparent and his/her grandchild can be a significant piece to attaining the best interest of the child.

Knowing that the Pennsylvania lawmakers have carved out specific rules and guidelines for when grandparents can petition the Court for custody of their grandchildren.

So when can a grandparent petition to get custody of his/her grandchild?

• If a grandparent has loco parentis status. This means that a grandparent is and has been acting in the place of a parent; or
• If a grandparent does not have loco parentis status, then he/she can also petition the Court for any form of custody under the following circumstances:

1. If the grandparent’s relationship wth the child began with the parents consent or with leave of Court;
2. The grandparent is willing to take responsibility of the child; and

• When one of the following conditions is met:
  1. The child is determined to be dependent (meaning juvenile court is involved and found the child dependent)
  2. The child is substantially at risk due to parental abuse, neglect, substance abuse or incapacity (i.e. not physically/mentally able to parent);
  3. The child has resided with the grandparent for a period of at least 12 consecutive months and the action for custody is filed within 6 months of the child being removed from the parents’ home.
• A grandparent may petition the Court for partial physical custody, or supervised physical custody under the following circumstances:
  1. The parent of the child is deceased, the parent or grandparent of the deceased parent can petition for partial physical custody;
  2. Where the parents of the child have been separated for at least 6 months or have begun divorce proceedings; or
  3. The child has resided with the grandparent for a period of at least 12 consecutive months and the action for custody is filed within 6 months of the child being removed from the parents’ home.

Grandparents custody cases can be quite complex and emotional. It is strongly advised that these cases not be handled alone.

If you need assistance with a grandparents rights case, please contact the Law Office of Dawn Padanyi to assist you.