The Commonwealth of Pennsylvania recognizes the special bond that forms between grandparents and their grandchildren, and that this relationship is subject to strain and breakdown if the child’s parents separate or divorce.

In the interest of preserving the grandparent-grandchild relationship, laws have been enacted that provide grandparents with the ability to seek various forms of custody of their grandchildren. If a grandparent has been involved in the lives of their grandchildren, Pennsylvania law protects their right to continue that relationship. However, in order to exercise these custody rights, a grandparent must have “standing,” which means that the grandparent must meet the legal requirements necessary to assert a claim.

To obtain primary legal or physical custody (living with and caring for the child), a grandparent must be willing to assume responsibility for the child, and the grandparents’ relationship with the child must have been initiated with the consent of the parents or a court . order, and (1) the child is in danger; (2) the child has been “adjudicated dependent” (a court has determined that she does not have parental care or control); or (3) the child resided with the grandparents for at least twelve (12) consecutive months.

In the case of partial or supervised physical custody (visitation, overnight visitation, etc.), a grandparent may file for custody if the child has resided with the grandparent for at least twelve (12) consecutive months and the parent is deceased (1 ) ; (2) separated by six (6) months; or (3) has filed for divorce.

Just because a grandparent has legal standing does not mean that their petition for custody will be granted. A court will examine the law, relevant legal presumptions, and a wide range of factual issues to determine the type and amount of custody to be awarded, or whether to award custody at all. However, as a general rule; If a grandparent has been actively involved in the lives of her grandchildren and is now being excluded, the courts will help continue to foster the grandparent/grandchild relationship. It is essential to have an attorney who will present your custody case persuasively and in a way that gives you the best chance of success.

The law gives parents wide latitude in determining how best to raise their children and great deference to their decisions about who their children will interact with. That the law allows grandparents the ability to try to impose their will over parental objection is a testament to the strength of the bond between children and their grandparents.