Who May Sue for Custody of a Child?

There are circumstances when someone other than a child’s biological parents, may sue for custody of a child if their parental rights have not been terminated (and for a biological father, assuming that paternity has been established for him),

Grandparents may be able to sue for custody of a child if they meet certain criteria. If a grandparent has stood in loco parentis to a child (meaning that they have taken on the role of a parent in that child’s life, taking care of the child’s daily needs), that grandparent may sue for any form of legal or physical custody.

A grandparent who has not acted in loco parentis may sue for legal and/or physical custody if they meet the following criteria: their relationship with the child began with at least one parent’s consent, or in accordance with a court order; they assumed or are willing to assume responsibility for the child; and the child has been determined to be dependent, the child is substantially at risk due to parental abuse, neglect, or drug or alcohol abuse, OR the child has resided with the grandparent for at least twelve months, excluding brief absences, and has been removed from the grandparent’s home by a parent within the past six months.

Finally, a grandparent may also sue for any form of custody if they can prove the following: they have assumed or are willing to assume responsibility for the child; they have a sustained, substantial, and sincere interest in the welfare of the child; and neither parent has any form of care and control of the child.

Grandparents and great-grandparents who do not meet the criteria above may be able to obtain partial physical custody of a child, but not legal custody. To seek partial physical custody, a grandparent or great-grandparent must prove one of the following: that they are the parent or grandparent of the child’s deceased parent; that their relationship with the child began with a parent’s consent or per a court order, that the parents have commenced a proceeding for custody of the child, and that the parents do not agree as to whether the grandparent or great-grandparent should have custody under this provision; OR that the child has resided with the grandparent or great-grandparent for a period of twelve months of more, excluding brief absences, and the child has been removed from the grandparent’s or great-grandparent’s home by a parent within the past six months.

In addition to grandparents, other family members and even friends may sue for legal and/or physical custody of a child if they have acted in loco parentis to a child. They may also sue for any form of custody of the child if they can prove the following: they have assumed or are willing to assume responsibility for the child; they have a sustained, substantial, and sincere interest in the welfare of the child; and neither parent has any form of care and control of the child.

If you have questions or you would like to learn more about the child custody process, call Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.