Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Grandparent Custody:

Frequently Asked Questions

Can you represent me in my grandparent custody case?
Yes. Spivak Law Firm routinely represents grandparents in child custody matters. To schedule an appointment with a child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Back to top

When can a grandparent assert custody rights?
Pennsylvania law requires that grandparents first demonstrate “standing” to pursue custody or visitation with their grandchild. In other words, grandparents must establish that they have a legal right to bring forth an action for child custody. Depending on the circumstances, grandparents may have the right to request partial, shared, or even primary custody of their grandchild. To have a custody attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. 

Back to top

Can I seek custody of my grandchildren because I don’t approve of how the parents are raising them?
It depends. Under Pennsylvania law, parents have the right to raise their children as they deem appropriate so long as the parents provide adequate shelter, food, clothing, care, and supervision. However, if you believe your grandchildren are being neglected or abused, you may report the behavior to Children, Youth and Families (“CYF”) or obtain a Protection from Abuse Order (“PFA”) on behalf of your grandchildren. To have a custody attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. 

Back to top

When can a grandparent seek partial custody or visitation of a grandchild?
Under Pennsylvania law, a grandparent may pursue partial custody and/or visitation with a grandchild under one of the following three scenarios: A parent of the child has died; the parents of the child have been separated for a period of at least six months or have initiated divorce proceedings; or the child has lived with the grandparent for at least twelve consecutive months (not counting brief absences) and is removed from the home by the parents. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. 

When can a grandparent seek any form of physical or legal custody of a grandchild?

Under Pennsylvania law, a grandparent may seek any form of physical or legal custody rights over a grandchild under one of two scenarios. Under the first scenario, 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 the parent.” Under the second scenario, a grandparent who has not acted in loco parentis may still seek any form of physical custody or legal custody of the child in some cases generally where abuse has occurred. To speak with a custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Back to top

What is the child custody process for grandparents in Pennsylvania?
If the parents and grandparents cannot agree on a custodial plan, the court will decide for them. The process begins with the filing of a custody complaint. Many Pennsylvania counties, including Allegheny County, then require the parents and grandparents to attend an educational class that explains the court process, a mediation session to resolve the issues without attorneys present, and finally a custody conciliation where the attorneys try to negotiate a settlement. If the parents and grandparents still cannot reach an agreement, the case is scheduled for a custody trial. To learn more about the court process in grandparent child custody cases, call us at (412) 344-4900 or toll free at (800) 545-9390. 

Back to top

How does the court decide grandparent child custody issues?
The court decides custody issues by determining what is in the child’s best interests. In making this decision, the court considers many factors, such as: the distance between the residence of the parents and the residence of the grandparents; the level of conflict between the parents and grandparents and their ability to cooperate; history of drug or alcohol abuse by the parents or grandparents; the mental and physical condition of the parents and grandparents; the well-reasoned preference of the child; and the child’s special needs. To speak with a custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Back to top

Is a grandparent’s custody order permanent?
No, a grandparent’s custody order is never permanent. A parent or caregiver who has rights to the child may file a custody complaint or a petition to modify the custody order. If a person other than a stepparent or grandparent adopts the child, any visitation or custody rights granted terminate at the time of adoption. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Back to top

Can I pursue custody rights if my grandchild was adopted?
It depends. If a person other than a stepparent or grandparent adopts the child, any visitation or custody rights terminate at the time of adoption. The same applies if the child is adopted by an aunt, uncle, sister, brother, cousin, or their extended family member. To have a custody attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Back to top

Contact Our Pittsburgh Law Firm Today

Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. Our Pittsburgh office is open during normal business hours, as well as evenings and weekends by appointment.

Spivak Law Firm represents clients in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Washington County and Westmoreland County. We accept cases in Armstrong County, Clarion County, Crawford County, Fayette County, Greene County, Indiana County, Lawrence County, Mercer County, Somerset County and Venango County.