Standalone grandparent custody matters are not a primary focus of the firm. This page is an educational resource. Where grandparent custody issues arise in connection with a divorce case, that intersection can be addressed as part of the overall representation.
Grandparent Rights Under Pennsylvania Law
Pennsylvania law allows grandparents — and in some circumstances great-grandparents — to seek partial physical custody or supervised physical custody of a grandchild in specific situations. The statutory framework balances the rights of parents, who have a constitutionally protected interest in raising their children, against the interests of grandparents and children in maintaining meaningful family relationships.
When Grandparents May File
Under Pennsylvania's Custody Act, grandparents may file for custody or visitation when: the parents of the child are separated; the child has been identified as dependent under the Juvenile Act; one of the parents is deceased; the child has resided with the grandparent for at least twelve months and is then removed from the home; or the relationship has been terminated by a parent without just cause in a way that affects the child's wellbeing.
The Standard Applied
Courts addressing grandparent custody or visitation apply the best interests of the child standard while also giving special weight to the constitutional presumption that parents act in the best interests of their children. Grandparents seeking to override a fit parent's decision must overcome that presumption with evidence that the child's wellbeing is genuinely served by the requested contact.
Partial Custody vs. Supervised Visitation
Grandparents may seek partial physical custody (regular, unsupervised contact) or supervised physical custody (contact in a supervised setting). The appropriate relief depends on the nature of the existing relationship, the circumstances of the family, and any safety concerns.
The Legal Basis for Grandparent Custody in Pennsylvania
Pennsylvania's grandparent custody provisions are codified at 23 Pa.C.S. § 5324 (persons who may file for physical or legal custody) and § 5325 (standing for grandparents and great-grandparents). These sections set out the specific circumstances under which grandparents have standing to pursue custody — circumstances that are fact-specific, narrowly defined, and limited in their application.
The Pennsylvania Supreme Court issued a significant decision on September 9, 2016 that substantially impacted grandparent standing. That decision requires careful analysis for any grandparent custody matter filed in its wake.
Senate Bill 844: Expanded Standing (2018)
On May 4, 2018, Senate Bill 844 was signed by the Governor and became effective July 3, 2018. The bill made key changes to Pennsylvania law concerning grandparent standing, partially in response to the opioid crisis. It expanded certain circumstances under which grandparents may seek custody — particularly where parental drug and alcohol issues have created safety concerns for grandchildren. Whether SB 844 applies to a specific situation requires case-by-case analysis.
Grandparent custody is not a straightforward filing in most circumstances. The statutory framework is narrow, the case law is complex, and the constitutional presumption that fit parents act in the child's best interests must be addressed directly. If you believe you have standing, a legal consultation to analyze the specific facts is the right first step.