Grandparents Custody and Visitation Rights

Grandparents and Great Grandparents Custodial/Visitation Rights

Both Grandparents and Great Grandparents have the right to file for custody and/or visitation of their grandchildren and great grandchildren under more limited circumstances than do parents. Generally, it is expected that both grandparents and great grandparents will enjoy custodial time with the grand/great grandchildren during the time their child enjoys custodial time with their child's children.

There are, however, situations where Pennsylvania statutes provide that grandparents and/or great grandparents are eligible to obtain an order for custody and/or visitation. In all of the circumstances below, the ultimate consideration is the best interest of the child. Those situations are as follows (the numbers and letters are in reference to the specific Pennsylvania statute):

1. If a parent of an unmarried child is deceased, the grandparents or great grandparent of the deceased parent can under the proper circumstances obtain a custody or visitation order. 23 P.S. subs. 5311.
2. If a parent is been separated from the other parent for six months or a divorce action has been filed, the grand or great grandparent of the separated or divorced child can obtain a custody or visitation order. 23 P.S. subs. 5312.
3. If an unmarried child resided with a grand or great grandparent for a period of twelve months or more and is removed from the grand or great grandparent's residence, that person can obtain a custody or visitation order. 23 P.S. subs. 5313.

Grandparent and/or Great Grandparent custody work has many pitfalls and requires the assistance of an experienced Custody Attorney.