In a perfect world, grandparents would have the ability to see their grandchildren whenever they please. Sadly, this isn’t always the case. For so many reasons, a grandparent might feel as though they are cut out of the picture. Frequently, our attorneys will meet with grandparents who want to explore their rights to custody. This raises the question: When can grandparents file for custody in the courts?

To answer this question, any attorney should look to Sections 5324 and 5325 of the Pennsylvania Domestic Relations Code. These two sections clearly define when a grandparent has the right to sue for custody.

Section 5324 deals with the ability to sue for any form of custody. This means that if you meet the criteria in this section, you could be awarded primary physical custody under the right circumstances. Relevant to this blog, a grandparent can file for custody when:
1. Their relationship with the child began either with the consent of a parent or under court order.
2. They have assumed or are willing to assume responsibility for the child. And
3. When one of the following conditions is met:
a. The child has been determined to be dependent by the court as defined in the Juvenile Act.
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.
(23 Pa.C.S.A. §5324).

If the case doesn’t squarely fit within Section 5324, then a grandparent may be able to apply for partial physical custody or supervised custody under Section 5235 of the same act. In this section, a grandparent or great-grandparent may file for partial or supervised custody when:
1. The parent of the child is deceased.
2. The relationship with the child began with the consent of a parent or by court order, the parents of the child have commenced a proceeding for custody, and the parents do not agree on whether the grandparents should have custody.
3. The child has, for a period of 12 consecutive months, resided with the grandparent or great-grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents; an action must be filed within six months after the removal of the child from the home.
(23 Pa.C.S.A. §5325)

The advice we often give clients is that they should explore all of their options, especially when it comes to custody. If you feel you are not receiving the custody time you have a right to, it’s important to speak with an attorney.

Please feel free to contact our office, and we would be happy to schedule a consult with any one of our attorneys.