Kinship Care and Legal Custody Rights in Pennsylvania

Many children in Pennsylvania are being raised by relatives who are not their parents. Some caregivers are operating without a court order — school staff know you, the pediatrician knows you, and it works until the day it does not. Formalizing legal custody transforms your arrangement from one that depends on goodwill into one backed by enforceable court authority.

Informal Kinship Care vs. Legal Custody

Informal kinship care means you are raising a relative's child without any court order or formal placement by Children and Youth Services. You may have a power of attorney, a caregiver authorization affidavit, or simply a verbal agreement with the parent.

The problem with informal care:

• Schools can refuse enrollment if you lack documentation under 24 P.S. § 13-1302
• Doctors may decline non-emergency treatment without proof of authority to consent
• Benefits agencies may deny applications without a court order
• The parent can take the child back at any time, regardless of what you have invested

An order under Title 23, Chapter 53 sets the legal and physical custody the court awards. Use its terms to show schools, healthcare providers, and agencies what authority it grants.

Getting a Court Order

Filing for custody as a kinship caregiver follows the same process as any third-party custody case:

1. Confirm your standing under § 5324 (in loco parentis; a grandparent relationship that began with parental consent or court order plus a statutory ground such as dependency, risk, or 12+ month residence; or Act 21 third-party standing)
2. File a Custody Complaint (Form 2) at the Court of Common Pleas in the county where the child lives
3. Attach Form 3 (Criminal Record and Abuse History Verification) for each party, disclosing their own history and the history of adult household members
4. Serve the parents through certified mail, Sheriff, or personal service
5. Attend the conciliation conference and, if needed, trial

The entire process can take a few weeks for uncontested cases where both parents agree, or several months for contested matters that go to trial.

Pennsylvania DHS Kinship Support

The Pennsylvania Department of Human Services (DHS) recognizes that kinship caregivers are a critical part of the child welfare continuum. Even if you are not in the formal foster care system, DHS-funded programs can help:

PA KinConnector (created by Act 89 of 2018, operated by the Pennsylvania Family Support Alliance under DHS contract) is the state's primary kinship navigation program. Call the warmline at 866-546-2111 or email [email protected]. KinConnector can:

• Connect you with local support groups for kinship caregivers
• Refer you to benefits programs (TANF, SNAP, Medical Assistance, CHIP)
• Help you identify local respite care options
• Provide information about legal resources — though they cannot draft legal documents or represent you in court

County Assistance Offices (CAOs) administer the public benefits that many kinship families depend on. Through the COMPASS portal or your local CAO, you can apply for:

• Child-Only TANF (evaluates only the child's income)
• Medical Assistance or CHIP for the child
• SNAP (evaluates total household income)

Area Agencies on Aging (AAA) operate grandparent-specific programs for caregivers age 55 and older, including respite care, support groups, and legal referrals through the Caregiver Support Program.

Kinship Caregiver Rights

If your custody order grants legal custody authority, it may authorize decisions such as:

• Educational decisions — the order may authorize school enrollment, education decisions, and participation in school meetings
• Medical consent — the order may authorize treatment consent and healthcare decisions
• Benefits eligibility — you can apply for benefits on the child's behalf with the court order as documentation
• Travel authority — check the order and applicable travel requirements before taking the child across state lines or internationally

Without a court order, your authority in each of these areas is limited and can be challenged. The court order is the document that settles disputes.

The Legal Aid Network

If you cannot afford a lawyer, Pennsylvania's legal aid network may be able to help:

• Pennsylvania Legal Aid Network (PLAN) coordinates free representation for low-income residents at palegalnetwork.org
• Neighborhood Legal Services Association serves western Pennsylvania
• Philadelphia Legal Assistance serves Philadelphia County
• MidPenn Legal Services covers central Pennsylvania counties
• Summit Legal Aid serves the Lehigh Valley region

These organizations prioritize cases involving child safety, but resource constraints mean not every kinship caregiver qualifies. If they cannot take your full case, many offer brief legal consultations or help with specific filings.

Our Pennsylvania Guardianship and Custody Court Process Guide gives you the complete filing process and printable tracking tools for managing your case from start to finish.

Frequently Asked Questions

Do I need a court order if the parent gave me power of attorney?

A power of attorney provides limited, revocable authority. The parent can cancel it at any time, and some institutions do not accept it for major decisions. A court order provides enforceable custody authority under its terms until a court modifies it.

Can I get kinship support if CYS is not involved?

Yes. KinConnector, CAO benefits, and AAA grandparent programs are available to informal and formal kinship caregivers alike. You do not need a CYS placement or dependency case to access these services.

What if the parent objects to me filing for custody?

Parental objection does not prevent you from filing. If you have standing under § 5324, the court will evaluate your case on the merits. Contested cases go through the conciliation and trial process, where the court applies the 14 best-interest factors under § 5328 to determine the outcome.

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