In Pennsylvania, grandparents do not have an automatic right to custody or visitation simply because they love their grandchildren or have been involved in their lives. However, Pennsylvania law does recognize that grandparents can play an important and stabilizing role in a child’s life, particularly when the child’s parents are separating, divorcing, or involved in a custody dispute.
Pennsylvania law gives grandparents certain limited opportunities to ask the court for partial physical custody or supervised physical custody of their grandchildren. These rules are important because a grandparent cannot simply file a custody case because they want more time with the children. The grandparent must first fit within one of the situations recognized by Pennsylvania law which allows them to have “standing” to bring a custody action on behalf of their grandchild(ren):
1. A parent of the child has died;
2. The parents have started a divorce or custody proceeding and do not agree about the grandparent’s involvement; or
3. The child lived with the grandparent for at least 12 consecutive months, was later removed from the home, and the grandparent filed within the time allowed by law.
One important point for grandparents to understand is that Pennsylvania law has changed over time. In Pennsylvania, courts now emphasize that parents have a constitutional right to make decisions about who their children spend time with, as long as the parents are fit. A family separation alone does not automatically mean the children need court-ordered contact with a grandparent.
This does not mean grandparents have no rights in Pennsylvania. It means that a grandparent must show that they have standing to file and then must show that the requested custody time is in the child’s best interests. Courts will look closely at the child’s relationship with the grandparent, the history of the grandparent’s involvement, the parents’ positions, and whether the request supports the child’s stability and well-being.
For a grandparent who fears being cut off during a divorce, this distinction is important. The divorce itself may open the door to asking for court ordered time, but the court will still want to understand why continued contact with the grandparents is good for the children.
If you are a grandparent in Pennsylvania and are worried that a divorce or custody dispute may cut you off from your grandchildren, you should get advice from an experienced family law attorney who can explain your options before the situation becomes more difficult.