Grandparent Custody Rights in Pennsylvania

As a grandparent, you may find yourself in the unfortunate situation where your grandchild’s parent won’t let you see your grandchild. Nothing can be more devastating for a loving grandparent than to suddenly be forbidden from spending holidays or birthdays with the grandchild they’ve grown to cherish and adore. But there still may be hope for you to have a relationship with your grandchild. Unlike other states, where you can petition the court for visitation simply because you are biologically related, Pennsylvania can be a bit stricter regarding grandparent rights. In Pennsylvania, grandparents can petition the family court for partial physical custody or supervised visitation—but only under specific conditions established by statute (23 Pa. C.S. § 5325 and § 5324). These include:

• Death of a parent — one parent dies and the grandparents of that parent seek visitation.

• Divorce or separation — parents have been separated for at least six months, or have already initiated custody proceedings and disagree about grandparent access.

• Extended co‐residence — the child has lived with the grandparent(s) for at least 12 consecutive months, and the grandparents file within six months after removal.

If you meet one of the above criteria, the court then focuses on the child’s best interests, considering:

• Emotional, mental, and physical well‑being

• The nature and history of the grandparent–grandchild bond

• Child’s routine: schooling, friendships, extracurriculars, siblings

• Any risk of harm or conflict arising from visitation

• The child’s own wishes, if old enough

Importantly, the court must defer to a fit parent's wishes, following constitutional standards set by Troxel v. Granville. It gives strong weight to parental decisions unless there’s a compelling reason otherwise. Depending on the case, grandparents may be granted:

• Partial physical custody (a regular schedule)

• Supervised visitation (where the parent or a third party oversees visits)

• Full physical custody—typically only if both parents are absent, unfit, surrender custody, or the child was in the grandparent’s care for 12 months and removed.

It is important, if you are a grandparent seeking any sort of custody to hire competent legal counsel since the courts can be particularly strict in these situations. The courts will strongly consider parental rights and the opinions of any fit parent, evidence of a prior relationship with your grandchild, and the nature of the adversarial relationship between the grandparent and the parent. If you find yourself in this situation and want to learn more about your rights, call Bloom Peters, LLC at 215-366-7839 or email us at info@bloompeters.com.