Courts in Pennsylvania are most concerned with the best interests of the child anytime they are considering custody. This ‘best interests’ standard also applies in those cases where a grandparent is attempting to gain some kind of custody of their grandchildren.
However, unlike cases where parents are seeking custody of their children the circumstances under which a grandparent has the right to ask the court for custody of their grandchildren are much more limited. In Pennsylvania a grandparent can petition the court for partial custody;
1. Upon the death of a parent,
2. Where the parents are divorced or have been separated for six months or more and a divorce has been filed,
3. When a child has resided with a grandparent for 12 months or more.
It is important that you move forward with the best interests of your grandchildren in mind and that you place your trust in an attorney experienced in grandparents’ rights. If you are a grandparent interested in obtaining custody rights our team of family law attorneys would welcome the opportunity to discuss your case further.