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Are you a grandparent or another caregiver worried about a child’s well-being in Pennsylvania? State law permits grandparents and certain third parties to seek a form of custody in certain circumstances, but the process is often challenging. Courts prioritize children’s best interests in custody cases, which means that you must show strong evidence of your relationship with the child and your ability to meet their needs.
The lawyers at Silverman, Tokarsky & Forman, L.L.C. will guide you through the custody process. We will help you build a strong case, follow the correct legal procedures, and meet the court’s custody requirements. Contact us today to arrange an initial consultation and take the first step toward protecting your grandchild or loved one.
Pennsylvania law recognizes two main types of custody: legal custody and physical custody. Physical custody determines where a child lives and who provides their daily care. Legal custody gives a person the right to make major decisions about the child’s upbringing, including their education, medical treatment, and religious issues.
Grandparents can seek primary custody or partial custody, particularly if their child is deceased; under specific conditions. They must also prove they have provided care for the child for at least 12 months or that the child is at risk due to parental neglect, substance abuse, or mental illness.
Grandparents may also request partial custody or supervised physical custody in certain situations when:
Courts consider how involved the grandparent has been in the child’s life and whether visits would interfere with the parent-child relationship in determining whether to award partial custody or supervised physical custody.
Non-parents, such as step-grandparents, aunts, uncles, or close family friends, can sometimes receive custody under strict conditions. They must prove they have taken on a parental role with the child’s parents’ permission or due to a court order. Courts require third parties seeking custody to show they have assumed responsibility for the child’s care and well-being.
A non-parent can seek any form of custody if neither parent has custody or control of the child. This can happen if both parents are unfit due to substance abuse, neglect, or other serious issues. Courts also allow third parties to file for custody if the child has lived with them for at least 12 consecutive months and the parents later remove the child. In that case, the third party must file for custody within six months of the removal.
Typically, grandparents must file action in the Court of Common Pleas in the county where the child lives. If no custody order exists, they must file a complaint to start the case. If an order already exists, they must file a petition to request a modification.
The court may require mediation, educational programs, or an evaluation of the child’s home life before scheduling a custody hearing. Grandparents must provide evidence showing their involvement in the child’s life and why custody or partial custody would benefit the child. If a parent or another guardian disagrees, the case could go to trial, where a judge will make the final decision.
Grandparents and third parties can request emergency custody if a child is in immediate danger. Courts consider parental abuse, neglect, or abandonment of a child to be emergencies. A grandparent or third party can file an emergency petition with the Court of Common Pleas in the child’s county to seek emergency custody in these scenarios.
The petitioner must explain the situation clearly and provide evidence supporting their request, such as police reports, medical records, or witness statements. If the court finds a serious risk, a judge can grant temporary custody right away. The court will then schedule a full hearing to review the case in more detail. If the petitioner proves that the child remains unsafe with the parent, the court can grant extended periods of custody.
Judges always decide custody cases based on the child’s best interests. Courts examine family relationships, stability, and safety in custody decisions. They look at who can provide a safe and supportive home for the child and consider their education, medical care, and emotional well-being.
If both parents remain involved in the child’s life, courts usually prefer custody arrangements that allow frequent and meaningful contact with both. However, if a parent has a history of abuse, neglect, or drug use, the court could limit or deny custody rights. The court may also consider the child’s preference, depending on their age and maturity. If a grandparent or third party seeks custody, they must prove that they have provided consistent care for the child or that the child faces a serious risk with their parent(s).
A person can request a custody modification if it would be in the children’s best interest for there to be a change in the custody schedule. Typically, a grandparent or third party must file a petition in the Court of Common Pleas where the original order was issued to obtain a custody order modification.
The petitioner must show that the change benefits the child. The court might also require mediation or a hearing. If the judge agrees that a modified schedule is in the child’s best interest, they can issue a new order.
Grandparents and third parties often face legal challenges when seeking a form of custody. Parents usually have priority in custody cases, so petitioners must prove that the child will be safer and better cared for in their custody.
Our lawyers can help grandparents and other third parties seeking custody by gathering evidence, preparing court filings, and presenting arguments in court. They can also help petitioners respond to objections from parents or other relatives. If a custody case requires an emergency petition or a modification request, our attorneys will follow all the relevant legal steps correctly to increase the chances of success.
Custody cases involving grandparents and third parties can be complicated, but you don’t have to handle them alone. Whether you need to file a custody action or respond to a legal challenge, Silverman, Tokarsky & Forman, L.L.C. will help you move forward with confidence. Call our family law attorneys today at (814) 536-8600 to begin your initial consultation and get the legal guidance you need.
Do not let yourself be intimidated by the legal system. Our team will be your advocate and champion. To schedule an appointment to talk to one of our lawyers about your situation, call Silverman, Tokarsky & Forman, L.L.C.
