There may be times where a Grandparent is worried about the situation that they see their grandchild in. They might be concerned for their safety or well-being. Other times it could be that the grandchild has lived with them for some time now and they just want to have an official document saying that the child is in their custody. They might need a custody order in order to be able to sign off on certain things for the child. The fact is that in Pennsylvania it is possible for a Grandparent to get custody, however there is certain criteria that needs to be met.
In Pennsylvania in order for a grandparent to get custody rights they need to have standing. To have standing means that your scenario complies with what the law says is required in order to get custody. To have standing a grandparent of the child cannot be in loco parentis. To be in loco parentis means acting as the parent in place of the parent. Usually you have to be in that situation for a long period of time. The next requirement by law is that the grandparent must have a relationship with the child that started with the consent of the parents. The next requirement is that the grandparent assumes or is willing to assume responsibility for the child.
The next requirement requires that one of the following scenarios is true.
(A) the child has been determined to be a dependent child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters);
(B) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity; or
(C) 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 action must be filed within six months after the removal of the child from the home.
Either A, B, C also needs to apply in order to have standing for custody as a Grandparent. However, even if you do not have standing for custody, you might have standing as a Grandparent for visitation, which is different. If you do not have standing by are curious about whether you have standing for visitation be sure to see my blog post on Grandparent visitation rights. If you are a Grandparent in Pennsylvania and want custody of your Grandchild pleas schedule an appointment with us today.