Grandparent Custody and Third-Party Rights

Yes, in certain defined situations. In Pennsylvania, a grandparent may seek primary or legal custody if their relationship with the child began with parental consent or a court order, they are willing to assume responsibility for the child, and one of several risk or caregiving conditions applies, such as the child being adjudicated dependent, being at substantial risk due to parental abuse, neglect, substance abuse or incapacity, or having lived with the grandparent for at least 12 consecutive months before being removed.

Yes. Grandparents and great-grandparents may, in limited situations, seek partial physical custody or supervised physical custody (what many people think of as “visitation”). This can occur when a parent of the child has died; when the child has lived with the grandparent or great-grandparent for at least 12 consecutive months and was then removed from that home (if the action is filed within six months); or when the relationship with the child began with a parent’s consent or a court order and the parents have started a custody case but do not agree about whether the grandparent or great-grandparent should have custody time. The court will then look at the history of contact, whether the request would interfere with the parent–child relationship, and, ultimately, what is in the child’s best interests.

“In loco parentis” means “in the place of a parent.” A person who has taken on the day-to-day role of a parent, providing care, housing, and parental decision-making, may have standing to seek custody as someone in loco parentis. This status is fact-specific and does not depend on biological ties; it depends on the nature and length of the caregiving role.

Pennsylvania custody orders don’t usually use the phrase “custodial parent.” Instead, they describe physical custody (where the child lives and when) and legal custody (who makes major decisions). In everyday terms, the “custodial parent” is usually the parent who has primary physical custody—the home where the child spends most nights—although both parents may share legal custody and participate in major decisions.

Possibly, but only in specific circumstances. Under Pennsylvania law, an individual who is not a parent or grandparent can sometimes seek custody if they can show, by clear and convincing evidence, that they have assumed or are willing to assume responsibility for the child, have a sustained, substantial, and sincere interest in the child’s welfare, and that neither parent has any form of care and control of the child, subject to certain exceptions.

Yes. When a custody case is between a parent and a non-parent, the law presumes that custody should be with the parent. To overcome that presumption, a grandparent or third party must prove by clear and convincing evidence that the child’s best interests require a different result. Courts take the constitutional rights of parents seriously while also recognizing situations where a non-parent caregiver is needed to protect the child.

People sometimes use the term “de facto parent” to describe a non-parent who has been acting as a parent in the child’s daily life—such as a long-term stepparent or relative caregiver. In Pennsylvania, the Child Custody Act does not use the phrase “de facto parent.” Instead, it relies on the concept of in loco parentis (someone who stands “in the place of a parent”) and on specific standing rules for grandparents and other third parties. A person who has functioned as a de facto parent may be able to seek custody in Pennsylvania if they can show they meet the legal requirements for in loco parentis or third-party standing, and that the requested order is in the child’s best interests.

You are not required to have a lawyer, but grandparent and third-party custody cases involve complex standing rules, high burdens of proof, and serious consequences for families. An experienced family law attorney can help you determine whether you have standing, develop evidence, navigate the court process, and explore settlement options that might better preserve family relationships while protecting the child.