Watching your grandchild grow up from a distance because parents restrict access can be heartbreaking. Pennsylvania law recognizes grandparents play important roles in children’s lives and provides legal avenues for grandparents to seek custody or visitation rights. Understanding when you can petition the court and how to navigate the legal process helps you maintain meaningful relationships with your grandchildren.
At Rubin, Glickman, Steinberg & Gifford, our family law attorneys represent grandparents seeking to protect their relationships with grandchildren across Pennsylvania. We understand the emotional complexity of these cases and work to achieve outcomes that serve children’s best interests while respecting family dynamics.
When Grandparents Can Seek Custody
Pennsylvania law allows grandparents to seek custody under specific circumstances. You may petition for custody when you stand in loco parentis to the child, meaning you have taken on parental responsibilities and formed a parent-like relationship with your grandchild. This typically requires showing you assumed substantial responsibility for the child or provided primary care for an extended period. Courts examine the depth and quality of your relationship with the grandchild when determining whether you stand in loco parentis.
You may also seek custody when the child’s parents are deceased, separated for at least six months, or when the child has lived with you for at least 12 consecutive months. Additionally, if the child faces serious risk of harm from abuse, neglect, or drug or alcohol abuse by parents, you can petition for custody even without meeting other requirements. These provisions recognize circumstances where grandparents may need to step in to protect grandchildren’s welfare.
Understanding Visitation Rights
Pennsylvania grandparents can request partial physical custody, often called visitation, when parents deny access to grandchildren. The law presumes fit parents act in their children’s best interests, so you must overcome this presumption by showing visitation serves the child’s best interests. This requirement creates a higher burden than parental custody disputes, where both parents start on equal legal footing.
To establish your right to visitation, you must demonstrate you have assumed a parental role or the child risks substantial harm without your involvement. Courts consider factors like the strength of your relationship with the grandchild, your willingness to encourage the parent-child relationship, and whether granting visitation interferes with the parent-child relationship. The court also examines whether your request stems from genuine concern for the child or from conflict with parents.
The Best Interests Standard
Pennsylvania courts decide all custody and visitation cases using the best interests of the child standard. Judges evaluate numerous statutory factors when making these determinations. These factors include which party is more likely to encourage relationships with other family members, the availability of extended family, the child’s sibling relationships, and any history of abuse. Courts also consider parental duties each party has performed, such as taking the child to medical appointments or helping with schoolwork.
The need for stability and continuity in the child’s education, family life, and community life weighs heavily in custody decisions. Courts examine the proximity of residences, each party’s availability, and mental and physical health. For older children, judges may consider the child’s preference based on maturity and judgment. All factors receive consideration, though no single factor determines the outcome. Our grandparent custody lawyers help you present evidence addressing each relevant factor.
Filing Your Petition
Seeking custody or visitation begins with filing a petition in the Court of Common Pleas in the county where the child lives. Your petition must explain your relationship with the grandchild, describe the current custody arrangement, and state why you seek custody or visitation. You must also demonstrate you meet one of the standing requirements allowing grandparents to file. Filing fees apply, though fee waivers may be available if you cannot afford them.
After filing, the court schedules a hearing where you present evidence supporting your petition. You may testify about your relationship with your grandchild, present witnesses who can speak to your bond with the child, and introduce documents showing financial support or caregiving you have provided. Parents can present their own evidence and witnesses. Judges sometimes appoint custody evaluators or guardians ad litem to investigate and make recommendations in complex cases.
Challenges You May Face
Grandparent custody and visitation cases face significant legal hurdles. The parental presumption gives parents broad authority to make decisions about their children’s relationships, including limiting grandparent contact. Courts generally defer to fit parents’ judgment unless compelling evidence shows visitation serves the child’s best interests. This deference reflects constitutional protections of parental rights and the belief parents typically know what benefits their children.
Strained relationships between grandparents and parents often underlie these cases. Courts scrutinize whether grandparents seek visitation to maintain relationships with grandchildren or to continue conflicts with parents. Demonstrating you respect parental authority while seeking meaningful time with your grandchild strengthens your case. Evidence showing you support the parent-child relationship, even when you disagree with parenting decisions, helps overcome judicial skepticism about your motivations.
Modifying Existing Orders
Custody and visitation orders can be modified when circumstances change substantially. If you have an existing order allowing visitation but parents violate it, you can file a petition for enforcement. Courts take custody order violations seriously and may impose sanctions on parents who interfere with court-ordered visitation. Conversely, if your circumstances change and you can no longer exercise your visitation rights, parents may petition to modify the order.
Modification petitions require showing why modification is in the child’s best interest. For example, if parents’ substance abuse worsens or new evidence of child abuse emerges, these changes may justify modifying custody arrangements. Similarly, if the child’s needs change as they grow older, courts may adjust visitation schedules to accommodate school activities, friendships, and developing interests.
Contact Rubin, Glickman, Steinberg & Gifford Today
Maintaining relationships with grandchildren benefits both you and the children who depend on your love and support. When parents restrict access to your grandchildren, Pennsylvania law may provide legal remedies. Rubin, Glickman, Steinberg & Gifford has been recognized as a “Best Law Firm” by U.S. News & World Report every year since 2010, and our child custody lawyers bring decades of combined experience to every case we handle.
We offer compassionate representation and thoughtful advocacy for grandparents seeking custody or visitation rights. Our firm understands the emotional stakes in these cases and works to achieve outcomes that protect your relationship with your grandchildren while respecting family dynamics. Contact us today to schedule your free consultation and learn how we can help you maintain meaningful connections with your grandchildren.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 9, 2025
