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: one of the parents is deceased; the child has been determined to be dependent under the Juvenile Act (one of the conditions for standing under § 5324(3)); the relationship with the child began with a parent's consent or under a court order, and the parents have commenced a custody proceeding but do not agree whether the grandparents should have custody; or the child has resided with the grandparent for at least twelve consecutive months, is then removed from the home by the parents, and the action is filed within six months of the removal.
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 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, and those circumstances are fact-specific and narrowly defined.
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, enacted as Act 21 of 2018, made key changes to Pennsylvania law concerning grandparent and third-party standing, partially in response to the opioid crisis. It added 23 Pa.C.S. § 5324(4) and (5), which allow a third party to seek any form of custody, outside dependency proceedings, by proving by clear and convincing evidence that the individual has assumed or is willing to assume responsibility for the child, has a sustained, substantial and sincere interest in the child's welfare, and that neither parent has any form of care and control of the child. Act 21 also amended the grandparent standing provision in § 5325(2). 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.