Do Grandparents Have Child Custody Rights?

April 12, 2021

During a divorce, a grandparent may wish to become a guardian of their grandchild. However, it is often challenging for a grandparent to gain child custody of their grandchild. Grandparents who are interested in gaining child custody should speak to a lawyer. A lawyer can advocate for the grandparents who are seeking custody.

Are Grandparents Allowed to File for Child Custody?

According to Pennsylvania grandparent custody laws, a grandparent can file for child custody if they are willing to take responsibility for the child, have a sincere interest in the child’s welfare, and if neither parent can care for the child. It is crucial that the grandparent fulfills all three of these requirements before filing a custody petition.

Grandparents can also file for partial physical custody of their grandchild if the child’s parents are deceased or if the child lived with their grandparents for 12 consecutive months after filing their action within six months of the child’s arrival. Grandparents can also file for physical custody if the grandparent-grandchild relationship began with the parent’s consent or under a court order. Grandparents who are interested in gaining custody of their grandchild should contact a lawyer for more information.

The court will first ensure that this arrangement is in the child’s best interest. This means that a judge will first look at the relationship between the grandchild and grandparent. They will then determine whether giving custody to the grandparent interferes with the child’s physical or emotional needs or the parent-child relationship. If so, it is unlikely that the court will grant custody rights to the grandparents.

How can Grandparents Get Custody of Their Grandchildren?

Grandparents who are interested in obtaining custody of their grandchildren should contact a lawyer immediately. It is often challenging for grandparents to prove that they are the best possible guardians for the child. A lawyer can help them accomplish this goal.

In order for a grandparent to get custody of their grandchild, they must file a custody petition. This petition must be filed in the county where the child lives in unless they have lived there for less than six months. If this is the case, they must file the petition in the county where the child last lived. A lawyer can help ensure that the child’s grandparents are filling out the proper information to gain custody of their grandchild.

Chester County Child Custody Lawyers at Eckell Sparks Help Grandparents Get Custody of Their Grandchildren

Grandparents have rights, but it is often challenging for them to gain custody of their grandchildren. If you are interested in gaining custody of your grandchild, a Chester County child custody lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help. Contact us online or call us at 610-565-3701 for an initial consultation today. Located in Media and West Chester, Pennsylvania, we proudly serve clients throughout Delaware County, Chester County, and Montgomery County.