When a parent, for any reason, is not able to care for or retain custody of a child, grandparents may play a role in the care of the child. The role of grandparents in custody procedures can be very important.

Situations When A Grandparent Should Seek Custody

Grandparents that have to take care of a child for an extended period of time, may not always need to take up custodial duties for the child. For instance, if a parent needs the grandparents to watch a child for a short time period, such as a week or even a month, custody arrangements need not be made. However, in the case of the incapacitation, incarceration or death of a parent, the grandparents may make formal custody arrangements for the children.

Seeking Shared Custody or Visitation Rights

In many circumstances, shared custody with grandparents can be beneficial for the child, and the remaining parent alike. It may also help preserve the relationship between grandparents and child. Contact with grandparents may even help mend the relationship between the absent parent and child, depending upon the circumstances. Grandparents can seek out shared custody or visitation under these circumstances:

  • One of the parents has died
  • One of the parents has been incarcerated
  • One of the parents is absent

Seeking Physical and/or Legal Custody

Some circumstances may warrant greater action than partial custody or visitation rights. These situations often involve the loss of both parents, or when parental rights have been terminated. Grandparents may find it necessary to take care of the child themselves when neither parent is able to do so. Grandparents may want to seek out physical and legal custody in these situations:

  • The grandchild may be at risk of parental abuse or neglect
  • One parent has died, and the remaining parent is unfit for care of the child
  • Both parents are deceased
  • Both parents are incarcerated

Even if the situation warrants grandparents taking responsibility the child, the grandparents must still gain recognition through the court. Most of the time, grandparents may seem like the most immediate logical choice after the parents. Many times, the grandparents simply step in without even needing to be asked. Unfortunately, the ability to make decisions on behalf of a child with absent parents requires approval from the court. In order to apply for the physical and legal custody the grandparent must demonstrate in their application through evidence:

Urgent Situations

Sometimes, urgent situations may arise where the grandparent can play an important role in taking custody of the child. By requesting visitation or shared custody, grandparents can formalize an active role in the life of a child when an absent parent, for whatever reason, may not. This can help secure a relationship or link between the child and the absent parents through the grandparents. Doing so can help reduce the likelihood of the absent parent’s involuntary termination of parenthood. An absent parent may not necessarily be absent by choice, such as in the case of incarceration, hospitalization, or military deployment. These situations are not abandonment or neglect, however, a parent’s absence for over 6 months time can jeopardize their rights to parenthood, regardless of situation. Grandparents can facilitate contact between absent parent and child and prevent the situation from looking like neglect or abandonment.

Custody and visitation can be a confusing process for grandparents. In the event that grandparents must step in to take custody, counsel from a lawyer can help smooth out the process. If you or a loved one is engaged in matters of Family Law, contact our Family Law Team today.

Child Custody

Tell The PA Family Defense Team About Your Case

Child Preference & Best Interest: What Judges Look for in Custody Cases

Child custody can be a contentious, emotional journey for everyone involved. To help make the process easier to navigate, Pennsylvania has several guidelines for determining child custody. The LLF Law Firm Family Law Team works with families throughout Pennsylvania on all aspects of child custody. Call us at 888-535-3686 or […]

How Does Being Declared An Unfit Parent Impact Child Custody in Pennsylvania?

When a court declares a parent “unfit” in Pennsylvania, it can have a significant impact on the outcome of a child custody dispute. A parent may be deemed unfit if a court finds them unable or unwilling to fulfill their parental responsibilities by providing a safe, nurturing, and stable environment. […]

The Cycle of Child Abuse Keeps On Going in Pennsylvania

Child abuse is a crisis that repeats across generations. In 2023, the Pennsylvania Department of Human Services received over 40,000 reports of suspected child abuse, with parents named as the most common perpetrators. Most substantiated cases involved sexual or physical abuse with the youngest children being the most vulnerable: 25 […]

Federal Rules Against DEI May Impact Pennsylvania Domestic Violence Programs

Domestic violence survivors in Pennsylvania depend on a network of shelters, counseling programs, and legal services to escape unsafe homes and rebuild their lives. But new federal directives from the Trump administration are putting those resources at risk. The U.S. Office on Violence Against Women and the Department of Housing […]