Custody

Anyone, including grandparents or great-grandparents, can file for any form of custody if they meet the requirements in Who is entitled to seek custody?

Grandparents and great-grandparents can also file for visitation.¹ Under Pennsylvania law, visitation may refer to partial physical custody, shared physical custody, or supervised physical custody.²

Grandparents or great-grandparents can file for visitation if:

1. the child’s parent died and the grandparent or great-parent filing for visitation was related to the parent who died;
2. the child:
   
   • lived with the grandparent or great-grandparent for at least 12 months in a row not counting any brief temporary absences of the child from the home; and
   • was removed from that home by a parent. If this is the reason for filing, the grandparent or great-grandparent must file for visitation within six months after the child is removed from his/her home; or
3. the child’s relationship with the grandparent or great-grandparent began with a parent’s consent or because of a court order, and now the parents of the child:
   
   • have filed a custody proceeding in court; and
   • do not agree about the grandparent or great-grandparent having visitation.¹

In ordering visitation, the judge should consider the following:

• the amount of personal contact between the child and the grandparent or great-grandparent before s/he filed the visitation petition (except in situation #2 above);
• whether giving the grandparent or great-grandparent visitation would interfere with any parent-child relationship; and
• whether it is in the best interest of the child.³

¹ 23 Pa.C.S. § 5325
² 23 Pa.C.S. § 5322(b)
³ 23 Pa.C.S. § 5328(c)