In Pennsylvania, a grandparent may seek custody rights over a grandchild under one of the following three scenarios:

• Scenario #1: The grandparent has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time. This is known as acting in loco parentis – or acting “in the place of a parent.”

• Scenario #2: A grandparent who has not acted in loco parentis still may seek custody of the child if:
  • A parent of the child allowed the grandparent to form a relationship with the child; and
  • The grandparent is willing to take responsibility for the child; and
  • One of the following circumstances exists:
    • The child is deemed “dependent” under Pennsylvania’s child abuse and neglect law; or
    • The child is deemed substantially at risk due to parental abuse, neglect, drug or alcohol use, or incapacity; or
    • The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.

• Scenario #3: A grandparent may seek partial physical custody or supervised physical custody in the following situations:
  • The parent of the child has died; or
  • The parents of the child have been separated for at least six months or have started divorce proceedings; or
  • The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.

To learn more about grandparent custody rights in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.