New Custody Standing for Grandparents in Pennsylvania

Suing for custody by grandparents, great-grandparents and third parties was made easier in Pennsylvania when Senate Bill 844 (now Act 21 amending Title 23 of Domestic Relations Consolidated Statutes) went into effect in early July, 2018.

Previously, it was rather difficult for grandparents or great-grandparents to succeed in obtaining custody of their grandchildren. A 2016 Pennsylvania State Supreme Court decision (D.P. v. G.J.P.) limited the ability of grandparents to get custody simply because the biological parents had been separated for six months. That ruling also raised the question as to whether the Supreme Court would support a grandparent’s right to custody solely because of divorce.

Sadly, the opioid crisis in Pennsylvania has increased the likelihood a grandparent may have to step in when a parent can no longer care for their children. According to the Commonwealth, some 82,000 grandparents in Pennsylvania are acting as sole caregivers for their grandchildren, and the trend is on the rise.

The revised law allows more wiggle room for a grandparent or great-grandparents to argue that they are the best guardian of minor children caught in a divorce struggle whereby the issue of custody has already been raised by the parents, or if addiction, neglect or abuse is present.

Act 21 specifically states a grandparent or third party adult can apply for custody if they are:

“an individual who establishes by clear and convincing evidence all of the following:

(i)  The individual has assumed or is willing to assume responsibility for the child.

(ii)  The individual has a sustained, substantial and sincere interest in the welfare of the child. In determining whether the individual meets the requirements of this subparagraph, the court may consider, among other factors, the nature, quality, extent and length of the involvement by the individual in the child’s life.

(iii)  Neither parent has any form of care and control of the child.”

If abuse or neglect is involved, Children and Youth Services may remove children from the home and look for near relatives to take custody. But most grandparents will need to hire a lawyer to navigate the courts and Custody law.

In many instances, grandparents are already serving as de facto parents and are just searching for the legal right to care for their grandchildren. Without legal custody, grandparents cannot, for instance, obtain medical care for their grandchildren without written approval of the biological parent, nor communicate directly with their grandchildren’s school.

In these cases, the newly revised law allows for the greater grandparent’s right in situations:

(2)  where the relationship with the child began either with the consent of a parent of the child or under a court order and where the parents of the child [have been separated for a period of at least six months or]:

(i)  have commenced [and continued] a proceeding [to dissolve their marriage] for custody; and

(ii)  do not agree as to whether the grandparents or great-grandparents should have custody under this section

In other words, the revised state law now acknowledges that grandparents are already filling the gap in many children’s lives and has made it easier for these grandparents to apply for legal status for what they are already doing.

I can help with your grandparent or third party custody case. Call my office at 215-345-5259 for a free first consult.

– Elissa C. Goldberg, Esquire

Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901