Grandparents Custody Rights Pennsylvania

Your grandchild has been living with you for months and you still cannot get them into school or take them to the doctor without a parent's signature. Pennsylvania does give grandparents legal standing to file for custody — but the rules depend on your specific situation, and they changed significantly in 2018.

The Two Custody Tracks for Grandparents

Pennsylvania separates grandparent custody rights into two distinct categories:

Physical and legal custody under 23 Pa.C.S. § 5324 — A custody order can grant physical custody and legal custody. Legal custody covers major decisions such as medical, educational, and religious decisions; the order states which form or forms of custody you receive. You file a Custody Complaint using Form 2 (the grandparent/third-party version) in the Family Court or Civil Division of your county's Court of Common Pleas.

Partial physical custody under 23 Pa.C.S. § 5325 — This is structured visitation time, not full care. You get court-ordered access to your grandchild on a schedule, but the parent retains primary custody.

Most grandparents raising grandchildren need full custody, not partial. Partial custody is designed for grandparents who want regular visits when the parents are limiting contact.

Standing: The Legal Threshold You Must Clear

Before a court will hear your custody case, you must prove you have "standing" — a legal right to file. Pennsylvania does not let just anyone petition for someone else's child. Here are the paths grandparents use:

In loco parentis (§ 5324(2)) — You stepped into a parental role with the parent's consent. You have been feeding, housing, disciplining, and caring for the child as though you were the parent. This is the most common basis for grandparents who have been providing daily care.

Grandparent with a qualifying relationship (§ 5324(3)) — The relationship began through parental consent or a court order, and the child has been adjudicated dependent, is at risk, or has lived with you for at least 12 months.

Act 21 third-party standing (§ 5324(4)) — The child is not in the care and control of a parent, you have assumed responsibility in loco parentis or have a substantial relationship with the child, and a parent has failed or refused to perform parental duties (or the child has been adjudicated dependent). This provision, enacted in 2018, dramatically expanded standing for relatives and other third parties.

Partial Custody Standing Under § 5325

For grandparents seeking visitation rather than full custody, the rules are narrower:

• Deceased parent (§ 5325(1)) — If your adult child (the grandchild's parent) has died, you can seek partial custody as a grandparent on that parent's side
• Active custody action (§ 5325(2)) — The parents have an ongoing custody case and they disagree about whether you should have access. This section was rewritten by Act 169 of 2018 after the Pennsylvania Supreme Court struck down the old version in D.P. v. G.J.P. (2016) as unconstitutional
• 12-month co-residence (§ 5325(3)) — Your grandchild lived with you for at least 12 consecutive months and was then removed by the parents. You must file within six months of the removal

What Changed in 2018

Two laws reshaped grandparent custody rights:

Act 21 of 2018 created § 5324(4), giving any third party — including grandparents — standing to seek full custody when a child is not in parental care and the parents are not performing their duties. Before this law, many grandparents who had been raising children for years could not file because they did not fit neatly into the in loco parentis definition.

Act 169 of 2018 fixed the partial custody statute after the Supreme Court ruled the old language unconstitutional. The old law gave grandparents automatic standing whenever parents were separated for six months. The new law requires an active parental custody case plus parental disagreement about grandparent access.

How Filing Works

1. Pick the right form. Grandparents use Custody Complaint Form 2 (for non-parents). Download it free from pacourts.us.
2. Complete the Criminal Record and Abuse History Verification (Form 3). Each party in a custody case must file this, disclosing required criminal and abuse history about themselves and adult members of their household.
3. File with the county custody filing office in the county where the child has established permanent residence. Depending on the county, this may be the Office of Judicial Records, Department of Court Records, or Prothonotary. Filing fees run $135 to $410+ depending on the county. Cannot afford it? File an In Forma Pauperis petition to request a fee waiver.
4. Serve everyone with parental or custodial rights. Each must receive formal notice — by certified mail (restricted delivery), sheriff, or personal service by a non-party adult.
5. Attend the conciliation conference. Most counties schedule this as the first step after filing. It is an informal meeting where a custody officer tries to help the parties reach an agreement.

What the Court Looks At

If the case goes to a hearing, the judge evaluates custody using the 14 operative statutory best-interest factors in 23 Pa.C.S. § 5328, organized across 19 numbered slots after Act 11 of 2025. Safety factors carry "substantial weighted consideration" under Kayden's Law (Act 8 of 2024), meaning evidence of abuse, violence, or risk of harm weighs heavily.

The court also considers the child's relationship with you, the stability of your home, the child's community ties, and each party's willingness to encourage a relationship with the other.

Getting Started

The filing process has more steps than most grandparents expect — forms, fees, service requirements, background checks, and hearing preparation all have specific rules. Our Pennsylvania Guardianship and Custody Court Process Guide covers each step in order, from establishing standing through the final court order, with instructions for both the custody track and the Orphans' Court guardianship track.

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