Are you a grandparent whose grandchildren are in the middle of a custody agreement? If so, you may be relieved to know that you have rights. It’s no secret that grandparents play a massive role in their grandchildren’s lives, especially during tough times. If you are looking for more information about grandparents’ rights in Pennsylvania, you have come to the right place.

Different Types of Custody Available to Grandparents

Types of custody vary based on the situation and needs of the child. Grandparents can petition the court for legal or physical custody, depending on what is the most appropriate course of action.

Physical Custody

Physical custody is when the child lives with the grandparent. With full physical custody, the child lives with the grandparent 24/7. Whereas, with partial physical custody, the grandparent typically shares visitation rights with another parent or grandparent.

Legal Custody

With legal custody, the grandparent has the ability to make important decisions about the child’s upbringing, such as medical, educational, etc. 

When Grandparents Have the Legal Right to Petition for Custody

There are several grounds where grandparents are able to petition the court for custody. These circumstances may vary on a case-by-case basis, but typically occur when:

A Parent Passes Away

When a child’s parents pass away, the grandparents may be able to obtain visitation rights.

Separation or Divorce of Parents

If the parents have been separated for six months or more, the grandparent may be able to seek visitation rights or partial custody.

Child Has Lived with Grandparent

Grandparents may file for visitation if the child has lived with them for a minimum of 12 months and then was removed from their home. In this case, grandparents have the option to file for visitation within six months of the removal occurring. 

Parent is Unfit

While there are multiple ways in which a parent can be seen as unfit to raise a child, most of the legal jargon around this refers to situations in which the child is in danger due to things such as abuse, drug/ alcohol issues, or neglect. 

The Child’s Best Interest

The court’s main concern will always be the child’s best interests. They will consider factors such as the grandparent’s relationship with the child, the child’s ability to adjust to living in their home, the mental and physical wellness of the grandparent and child, and if the grandparent is willing to encourage the child to have a relationship with their parent. 

Essentially, if the court determines that a grandparent receiving custody would be too disruptive or detrimental to the child’s psychological and physical well-being, it is unlikely to grant custody.

Consult with Applebaum & Associates for More Information

Navigating the legal landscape of grandparents’ rights can be challenging and overwhelming. You need a law firm you can trust to be on your side, which is where Applebaum & Associates come into play. We have the expertise and compassion to guide you through the custody process and focus on the most important thing – the child’s well-being. Contact us today!