Can grandparents seek custody or visitation in Pennsylvania?

Last updated October 4, 2026.

Yes, but only in situations the statute lists. Pennsylvania lets grandparents file for custody when they have "standing": for any form of custody, for example when they stand in place of a parent or the child is at substantial risk because of parental abuse, neglect, substance abuse or incapacity (23 Pa.C.S. 5324); and for partial or supervised physical custody, which replaces the older idea of visitation, in narrower cases such as the death of the grandchild's parent (5325). Without standing, the court cannot consider the request at all.

Even with standing, grandparents start behind parents: in a dispute between a parent and a non-parent, the parent is presumed to get custody unless that presumption is rebutted by clear and convincing evidence (5327(b)). For our custody work from Media, see our child custody and child support page. Other family matters are listed on our family law page.

When does a grandparent have standing?

Great-grandparents have the same partial and supervised physical custody standing as grandparents under 5325.

How does a grandparent case work, step by step?

1. Check standing first. Match your facts to one of the situations in 5324 or 5325. Note the six-month deadline after a removal from your home (5324(3)(iii)(C); 5325(3)).
2. Plead the facts. The complaint must plead the facts that establish standing in the specific paragraph of the statewide form: in loco parentis, grandparent standing under 5324(3), third-party standing under 5324(4) or partial custody standing under 5325 (Pa.R.C.P. 1915.3(e)).
3. File and serve. In Delaware County, custody papers go to the Office of Judicial Support in Media, and the filer must serve the conciliation notice and complaint; see the steps in a Delaware County custody case.
4. Verification form. The filer also completes and serves a Criminal Record/Abuse History Verification for their household (Rule 1915.3-2).
5. Conciliation. Every Delaware County custody case goes first to a Custody Conciliator (Local Rule 1915.4-1).
6. Standing may be disputed. A parent may deny the facts you plead, and only the individuals listed in 5324 and 5325 may file, so the facts behind standing have to be proved.
7. The decision. If standing exists, the court weighs the custody factors plus the grandparent-specific factors below.

What does the court weigh for grandparents?

All the usual custody factors in 5328(a) apply, including the weight Kayden's Law gives to the child's safety; see how judges decide custody after Kayden's Law. For partial or supervised custody, the statute adds specific considerations.

For a grandparent whose standing rests on a deceased parent or on the parents' disagreement, the court must consider the amount of personal contact between the child and the grandparent before the case was filed, whether the award interferes with any parent-child relationship and whether it is in the child's best interest (5328(c)(1)). For standing based on a 12-month residence and removal, the court considers whether the award interferes with any parent-child relationship and whether it is in the child's best interest (5328(c)(2)).

When a grandparent seeks primary custody against a parent, the parental presumption applies and must be rebutted by clear and convincing evidence (5327(b)). Between two non-parents, there is no presumption either way (5327(c)).

What if I am already raising my grandchild?

Many grandparents come to court after months or years of caring for a grandchild day to day. That history matters in two ways. First, a grandparent who has stood in the place of a parent has standing for any form of custody as a person in loco parentis (5324(2)), and a child who lived with a grandparent for 12 consecutive months gives the grandparent standing if the parents remove the child, as long as the case is filed within six months (5324(3)(iii)(C)).

Second, legal authority is separate from physical care. Enrolling a child in school or consenting to medical care are legal custody decisions, and legal custody is the right to make major medical, religious and educational decisions (5322(a)); a grandparent without an order may run into problems making those decisions. The difference is explained in legal versus physical custody in Pennsylvania.

Money is a third issue. A person caring for a child who does not owe that child support can file a child support action naming both parents as defendants; the caregiver's own income is not counted, and each parent pays a share based on the parents' incomes (Pa.R.C.P. 1910.16-1(a)(2)). In Delaware County, that case is filed with Domestic Relations; see how child support is calculated.

What changes the answer?

• Adoption. Grandparent custody rights, and the right to seek them, end automatically if the child is adopted by someone other than a stepparent, grandparent or great-grandparent (5326).
• Dependency proceedings. If a dependency case is open or there is a permanent legal custody order, the 5324(4) route is not available (5324(5)).
• How the relationship began. Several routes require that it began with a parent's consent or under a court order (5324(3)(i); 5325(2)).
• Timing after removal. The six-month limit is strict (5324(3)(iii)(C); 5325(3)).
• Safety concerns. Parental abuse, neglect, substance abuse or incapacity can create standing (5324(3)(iii)(B)) and also weigh in the safety factors.
• The parents' divorce. If the parents are separating, grandparents may be able to join under 5325(2) when the parents disagree about them; see filing for divorce in Delaware County for the parents' side.

For example: a grandmother after a parent's death

Here is a hypothetical. A grandmother in Aston saw her grandson every weekend until her son, the boy's father, died. The boy's mother has since stopped the visits. Because the boy's parent has died, the grandmother, as a parent of the deceased parent, has standing to seek partial physical custody under 5325(1).

She files a custody complaint pleading those facts, serves the mother and attends conciliation. If there is no agreement, the court weighs the usual factors and, under 5328(c)(1), the amount of contact before the case was filed, whether time with the grandmother would interfere with the mother's relationship with the boy and whether it serves his best interest. The court could order, for example, a monthly weekend. This example only illustrates the statute; it does not predict any result.

What mistakes do grandparents make?

• Filing without standing. Love and involvement alone are not enough; the facts must fit 5324 or 5325.
• Missing the six-month window. After a removal from your home, file within six months.
• Not pleading standing facts. The complaint must state them in the right paragraph (Rule 1915.3(e)).
• Asking for more than standing allows. Some routes allow only partial or supervised physical custody (5325).
• Undermining the parent. Interference with the parent-child relationship is a specific consideration (5328(c)).
• Waiting until an adoption is pending. Certain adoptions end grandparent custody rights automatically (5326).

What should I do this week?

1. Write a timeline of your relationship with the grandchild and how it began.
2. Note any period the child lived with you and the date the child left.
3. Gather photos, messages, school pickups and other proof of involvement.
4. Write down any safety concerns and the records that support them.
5. Try a respectful written request to the parent first, if safe.
6. Book a consultation to check standing before filing.

Frequently asked questions

Do grandparents have automatic visitation rights in Pennsylvania?

No. A grandparent must have standing under 5324 or 5325, and Pennsylvania now uses "partial physical custody" or "supervised physical custody" instead of visitation (5322(b)).

Can I get custody if my grandchild's parents are using drugs?

A grandparent whose relationship began with a parent's consent or a court order and who will take responsibility has standing if the child is substantially at risk from parental drug or alcohol abuse (5324(3)).

What if the parents are still married and together?

Standing is much narrower. Partial custody under 5325(2) requires the parents to be in a custody proceeding and to disagree about the grandparents.

Can great-grandparents file?

Yes, for partial or supervised physical custody in the situations listed in 5325.

Where is the case heard?

Generally in the child's home county (Rule 1915.2(a)); in Delaware County, in Media. See Delaware County family court. The terms used in custody orders are in legal versus physical custody.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about grandparent custody. Evening and weekend appointments are available.