Grandparents Custody Rights

Grandparents can petition for custody or visitation depending on their standing.

If, the Grandparent is in loco parentis, standing in the shoes of the parents, acting like the parent, taking care of the child, or “whose relationship with the child began either with the consent of a parent of the child or under a court order; (ii) who assumes or is willing to assume responsibility for the child; and (iii) when one of the following conditions is met: (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.” 23 Pa.C.S.A. 5324.

Grandparents can also get custody where the parent of the child has passed away; where the parents of the child have been separated for a period of at least six months or have commenced and continued a proceeding to dissolve their marriage; or when the child has, for a period of at least 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.

For whatever reason that you are seeking some type of custody of your grandchild, or grandchildren, as long as you have been apart of their leaves you have to right to continue being apart of your grandchild, or grandchildren’s lives, so give me call to fight your Grandparent Rights.Type your paragraph here.

David J. Cohen Law Firm, LLC

attorney AND COUNSELOR AT LAW