A Guide to Grandparent & Great-Grandparent Custody Rights in PA
The traditional family structure has evolved. Today, a growing number of grandparents and great-grandparents are being called upon to parent their grandchildren, stepping in when the children's parents are unable or unwilling to do so. This isn't a rare occurrence; it's a significant and growing trend.
According to 2024 data, over 2.3 million children in the United States are being raised by their grandparents. Here in Pennsylvania, the numbers are just as striking: over 235,000 grandparents are responsible for the primary care of their grandchildren. Whether this shift is due to parental struggles with substance abuse, mental health issues, incarceration, or economic hardship, the reality is that thousands of families are navigating the complex legal system to provide a stable home for the children they love.
While the law prioritizes the rights of parents, it does provide a specific, and often limited, path for grandparents and great-grandparents to seek custody or visitation. Here’s a breakdown of how it works.
The Difference Between "Standing" and "Winning"
The first and most significant hurdle is proving you have "standing"—the legal right to even file a custody case. Simply being a loving relative is not enough. You must meet specific criteria defined by the law. Winning your case by proving that custody is in the child's best interest is a separate step that happens only after you have established standing.
How Can Grandparents and Great-Grandparents Get Standing for Partial or Supervised Custody?
Under 23 Pa.C.S. § 5325, both grandparents and great-grandparents can file an action for partial physical custody (visitation) or supervised physical custody in one of the following situations:
Deceased Parent: The parent of the child is deceased. This gives the parents or grandparents of the deceased parent (the child's grandparents and great-grandparents) the right to file.
Parents Disagree During a Custody Case: The parents of the child have started their own custody case and do not agree on whether you should have custodial time. In this situation, you must also show that your relationship with the child began with the consent of a parent or by a court order.
Child Resided With You: The child lived with you for at least 12 months and was removed by the parents (and you file your action within six months of the removal)
How Can a Grandparent Get Standing for Primary Custody?
Seeking primary physical custody is a much higher bar, and the law, under § 5324, only grants this specific path to grandparents (not great-grandparents). A grandparent generally has two potential ways to establish standing:
Path 1: You Stand In Loco Parentis
This means you have been acting in place of the parent for the child, assuming the primary rights and responsibilities of a parent. This is more than just babysitting or helping out; it involves being the person who provides financial support, makes major decisions, and meets the child's daily physical and emotional needs. A grandparent who provides daily after-school care is very different from a grandparent with whom the child lives and who handles school enrollment and doctor's appointments.
Path 2: You Meet a Three-Part Test
If you are not in loco parentis, you may still have standing for primary custody if you can prove all three of the following conditions:
Your relationship with the child began with a parent's consent or a court order.
You are willing to assume responsibility for the child.
AND one of the following is true:
The child has been determined to be a "dependent child" by the juvenile court system; or
The child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity; or
The child lived with you for at least 12 months and was removed by the parents (and you file your action within six months of the removal).
These are difficult standards to meet and are designed to allow court intervention only when a child's well-being is genuinely at risk or when the grandparent has already been acting as the child's de facto parent.
What the Court Considers After Standing is Established
If you successfully establish standing, the court will then decide whether granting you custody is in the best interest of the child. The court will look at all the relevant custody factors and, for partial custody requests, will also specifically consider the amount of personal contact you had with the child before filing and whether your involvement would interfere with the parent-child relationship.
Key Takeaway
As you can see, the path to securing custody is not straightforward. The law sets a high bar with specific, multi-part tests that must be met before a court can even consider awarding any custody or visitation. If you believe your grandchild's well-being is at risk or that your parental bond is being unfairly severed, it is crucial to understand the specific legal requirements.
If you have questions about your rights as a grandparent or great-grandparent, please contact Spadafore | Prather | Janes at 814-332-6000 or inquiry@thebetterwaylaw.com to schedule a consultation.
Disclaimer: This blog post is for general informational purposes only. You should never take legal advice from a blog post; instead, you should consult with an attorney for advice regarding your individual situation. The reading of this information does not constitute legal advice or create an attorney-client relationship.