Grandparents play a vital role in the lives of many grandchildren. In some cases, a grandparent may take on a parental role. The role of the grandparent in raising the grandchild, however, can be a source of conflict between parents and grandparents.
If you are a grandparent in Camp Hill, Harrisburg, or a nearby community in Cumberland County, Dauphin County, or York County and are considering petitioning the court for custody of a grandchild, contact Tanner Law. We have extensive experience with the court processes in counties throughout Central Pennsylvania and understand what judges expect to see when making their decisions.
When Grandparents Can Seek Custody or Visitation
If you are a grandparent concerned about your grandchild’s welfare, you are entitled to petition the court for custody. When a grandparent wishes to petition for custody of his or her grandchildren, the courts will only entertain an action by a grandparent if the grandparent can first show that he or she has “standing.”
To show that the grandparent has standing to bring the custody action, he or she will have to prove that:
- The grandparent stands in loco parentis to the child (has taken on a proper parental role to the grandchild) or
- If the grandparent does not stand in loco parentis, then the grandparent must show that
- The relationship with the grandchild began with the consent of a parent or through a court order
- That the grandparent has assumed or is willing to assume responsibility for the child AND
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Must meet one of the following conditions:
- The child has been determined to be a dependent child
- If the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity
- The child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents (in which case, the custody filing must be filed with the court no later than six months after the removal of the child from the home)
…And Stability
Stability is the key factor judges consider when deciding whether a grandparent should be granted custody of a child. Child welfare specialists and judges will consider many factors when deciding who to award custody to.
Once the grandparent has shown that he or she has standing, the court will then have to consider the following factors before entering an award for custody of the grandchild:
- The amount of personal contact between the grandchild and the grandparent before filing the custody action
- Whether granting custody to a grandparent will interfere with the relationship between the child and either or both of the child’s parents
- Whether granting custodial time to the grandparent is in the best interest of the grandchild
The role and rights of grandparents have changed in recent years. It is essential to have competent representation to protect your rights as either a grandparent or a parent who is a defendant against the petition of a grandparent. Contact us online or call 717-731-8114 to schedule a consultation.