When a child has been living with a grandparent or another caregiver, a sudden family change can leave you unsure about what happens next. Pennsylvania law gives certain caregivers a path to seek custody. Our grandparent custody attorneys in PA can review your relationship with the child and your family’s circumstances to help you understand your legal options and protect the care and connection you have built.

Grandparent Custody and Visitation

Under 23 Pa.C.S. § 5324, parents and people who stand in loco parentis may seek physical or legal custody. In Pennsylvania, standing in loco parentis means a person has taken on the role of a parent in the child’s life, even though they are not the child’s biological or adoptive parent. This may include caregivers, siblings, or other adults. A grandparent may seek custody if the grandparent has had the parent’s permission or a court order to have a relationship with the child, is willing to care for the child, and additional circumstances apply, including:

• The child faces a serious risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity

• The child has lived with the grandparent for at least 12 months before being removed by the parents. In this situation, the grandparent generally must provide evidence that they have cared for the child, have a strong and genuine interest in the child’s well-being, and neither parent currently has care or control of the child. 

Under Pennsylvania law, grandparents and great-grandparents may also have the right to ask for partial or supervised physical custody in situations where a child’s parent has died, when the parents are involved in a custody case and disagree about the grandparent or great-grandparent having custody, or when the child has lived with the grandparent or great-grandparent for at least 12 consecutive months before being removed by the parents.

Custody is different from legal guardianship or adoption. Custody determines who has legal authority and responsibility for the child, while guardianship and adoption involve different legal rights and processes. The right option depends on your family’s circumstances and the type of care the child needs.

Best Interests and Evidence

Under 23 Pa.C.S. § 5328, the court looks at the facts that affect the child’s best interests when deciding custody, such as: 

• The child’s safety

• Any past or present abuse

• Child abuse or protective services involvement

• Any violent behavior

• Each parent’s ability to provide proper care and stability for the child

• The child’s physical, emotional, developmental, educational, and special needs

• Stability in the child’s school, family, and community life

• The child’s relationships with siblings and other family members

• The child’s preference when appropriate for the child’s age and maturity

• Any history of drug or alcohol abuse

• The physical and mental condition of each parent and household member

• Any other factor relevant to the child’s best interests

Our lawyers at Mette Attorneys at Law can help organize important evidence such as school records, medical information, communications with parents, documentation of caregiving responsibilities, testimony from people familiar with the child’s routine, and other records that demonstrate how a proposed custody arrangement would affect the child’s daily life.

Navigate Complex Family Legal Issues with Mette Law

A caregiver’s relationship with a child can be deeply important, but Pennsylvania law requires more than a close personal connection before a non-parent can obtain custody or visitation. Mette Attorneys at Law can help you understand your legal options and protect the relationship you have built with the child. Call 717-232-5000 or use our online contact form to speak with our third-party custody lawyers in Harrisburg today.