Grandparent Custody

For children, grandparents can play a very important role in their lives. In fact, there are times when a grandparent has to take on the duties of a parent.  But there are also families in Pennsylvania that deal with conflict involving grandparents. These conflicts become amplified during divorce and/or custody battles. 

In Pennsylvania, if a grandparent petitions for custody of their grandchild or grandchildren, the courts grant the action only if the grandparent can show that he or she has “standing.” 

Grandparent Standing

In Pennsylvania, the grandparent can stand in loco parentis to the child (meaning the grandparent has taken on a true parental role). But if the grandparent does not stand in loco parentis, then the grandparent must show that...

• The relationship with the grandchild began with the consent of a parent or through a court order
• The grandparent has assumed or is willing to assume responsibility for the child

Also, one of the following conditions must be met:

• The child has been determined to be a dependent child
• The child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity
• The child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents (in which case, the custody filing must be filed with the court no later than 6 months after the removal of the child from the home)

Once the grandparent has shown that he or she has standing, the court then considers the following factors before they award custody of the grandchild or grandchildren to the grandparent.

• The amount of personal contact between the grandchild and the grandparent prior to filing the custody action
• Whether granting custody to a grandparent will interfere with the relationship between the child and either or both of the child’s parents
• Whether granting custodial time to the grandparent is in the best interest of the grandchild

In Pennsylvania, the laws concerning grandparents and custody has changed in recent years.  It is imperative to hire competent representation to protect your rights as either a grandparent or a parent who is defendant against the petition of a grandparent.  Call attorney Stephen Barcavage today at 717-731-8111 or email the office today..