Generally, parental rights prevail in Pennsylvania, which means that parents have the right to determine whom their children spend time with. There are, however, circumstances in which grandparents can seek partial custody or even custody of their grandchildren in the state. Maintaining a close and loving connection with your grandchild is important, so discuss your case with our experienced Wexford grandparents’ rights attorney at The Law Offices of Dawn K. Gull today.
The Requirements for Grandparent partial custody in Wexford
To file a petition for partial custody under 23 Pa.C.S. § 5325, you must first establish legal standing by showing that at least one of the following applies to your situation:
- Your grandchild’s parent is deceased
- Your grandchildren’s parents are separated, divorced, or do not agree on grandparent partial custody
- Your grandchild resided with you for at least 12 consecutive months and was then removed from your home by a parent; in this case, you must file within 6 months of that removal
The circumstances for seeking partial custody are considerably less rigid than they are for primary physical custody which requires proof that your grandchildren’s current situation puts them at risk. Working closely with a seasoned grandparents’ rights lawyer from the start is the best approach to presenting a strong case.
What the Court Considers Once You Have Standing
Establishing standing is only the first step. Once you meet one of the criteria above, the court will weigh whether granting partial custody serves your grandchildren’s best interests. Factors the court considers include:
- The depth of the relationship you have built with your grandchildren
- Whether partial custody with you will interfere with your grandchildren’s relationship with their parents
- Your grandchildren’s preferences, for those considered mature enough to express them
- The overall mental and physical well-being of your grandchildren
Pennsylvania courts must balance the best interests of the children against the constitutional rights of a fit parent. This is a nuanced standard, and how your case is presented matters. An attorney who understands how Pennsylvania courts weigh these factors can help you put your strongest case forward.
When Grandparents Can Seek Primary Physical Custody
Custody requires a higher threshold; generally, you must demonstrate that your grandchildren’s current living situation puts them at risk, or that you have assumed a parental role in their lives. If the circumstances of your grandchildren’s home raise genuine safety concerns, custody may be the more appropriate path to pursue.
Our Experienced Wexford Grandparents’ Rights Lawyer Can Help
Dawn Gull is our trusted Wexford grandparents’ rights attorney at The Law Offices of Dawn K. Gull. Dawn brings the full depth of her experience and legal insight to every grandparent rights matter she handles, whether the goal is securing partial custody or pursuing primary custody. These cases require careful preparation, and having skilled legal representation on your side makes a meaningful difference. Learn more about everything we can do to help by contacting us online or giving our firm a call at 412-440-5718 today.