September 10, 2025

Do Grandparents Have Rights in Pennsylvania?

Yes. Pennsylvania grandparents can ask a court for custody or visitation, but only in specific situations. Under 23 Pa.C.S. § 5325, grandparents may seek partial custody when a parent has died, the parents are in a custody dispute, or the child lived with them for at least 12 months and was then removed by the parents. Under § 5324, some grandparents can seek full custody.

Pennsylvania law does not give grandparents automatic rights to see or raise their grandchildren. Instead, the Custody Act, 23 Pa.C.S. Chapter 53, asks two questions: does the grandparent have standing, meaning the legal right to file at all, and if so, is time with the grandparent in the child’s best interest? This guide explains both steps and how to file in Bucks, Montgomery, and Philadelphia counties.

Two Kinds of Grandparents’ Rights Under Pennsylvania Law

The statute recognizes two very different claims:

  • Partial or supervised physical custody (visitation): scheduled time with the grandchild under 23 Pa.C.S. § 5325. This is what most people mean by grandparent visitation rights.
  • Any form of custody, including primary physical and legal custody: the right to raise the child and make major decisions, available to certain grandparents under 23 Pa.C.S. § 5324.

Which section applies shapes the entire case, so it is the first question to resolve in any child custody matter involving grandparents.

Grandparent Visitation Rights Under 23 Pa.C.S. § 5325

Section 5325 gives grandparents and great-grandparents standing to file for partial physical custody or supervised physical custody in three situations:

1. A Parent of the Child Has Died

When a parent dies, the parents and grandparents of the deceased parent may file under § 5325(1). The award is not automatic; the court still applies the best interest analysis described below.

2. The Parents Are in a Custody Case and Disagree About Grandparent Time

Under § 5325(2), a grandparent whose relationship with the child began with a parent’s consent or under a court order may file when the parents have commenced a custody proceeding and do not agree on whether the grandparents should have time with the child. Separation or divorce by itself is no longer enough; there must be an active custody case between the parents.

3. The Child Lived With the Grandparent for at Least 12 Months

Under § 5325(3), a grandparent may file when the child resided with the grandparent for at least 12 consecutive months, excluding brief temporary absences, and was then removed from the home by the parents. The deadline is strict: the action must be filed within six months after the child is removed.

What Changed After D.P. v. G.J.P.

Before 2016, grandparents could also file simply because the parents had been separated for six months. In D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016), the Pennsylvania Supreme Court struck that provision as unconstitutional, holding that separated parents who both oppose grandparent visitation keep their fundamental right to make that decision. The legislature then rewrote § 5325(2) in Act 21 of 2018 to require a pending custody proceeding plus parental disagreement. Older articles that mention the six-month separation rule are out of date.

When Grandparents Can Seek Full Custody: 23 Pa.C.S. § 5324

Section 5324 controls who may seek any form of physical or legal custody, including primary custody. A grandparent can qualify three ways:

  • In loco parentis (§ 5324(2)): a grandparent who has assumed the role of a parent, with parental consent, by living with the child and handling day-to-day parenting has the same standing as any third party who stands in loco parentis.
  • The grandparent provision (§ 5324(3)): a grandparent not in loco parentis has standing if the relationship began with a parent’s consent or a court order, the grandparent assumes or is willing to assume responsibility for the child, and one of three conditions is met: the child has been adjudicated dependent, the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity, or the child lived with the grandparent for 12 consecutive months and was removed by the parents (filed within six months).
  • The third-party provision (§ 5324(4)): since Act 21 of 2018, any individual, including a grandparent, may seek custody by showing with clear and convincing evidence a willingness to assume responsibility, a sustained, substantial and sincere interest in the child’s welfare, and that neither parent has any form of care and control of the child.

Even with standing, a grandparent seeking primary custody faces 23 Pa.C.S. § 5327(b): in a custody dispute between a parent and a third party, the law presumes custody belongs with the parent. The grandparent must rebut that presumption with clear and convincing evidence, which is why these cases often involve documented abuse, addiction, incarceration, or abandonment. If a child is in immediate danger, emergency custody orders can put temporary protections in place while the case proceeds.

What Judges Consider: The Best Interest Factors in § 5328

Every Pennsylvania custody decision turns on the child’s best interest. Under 23 Pa.C.S. § 5328(a), the court weighs all relevant factors, and after the 2024 and 2025 amendments it must give substantial weighted consideration to the factors affecting the child’s safety, including past abuse and violent or assaultive behavior. Other factors include stability and continuity, sibling and family relationships, the child’s well-reasoned preference, proximity of homes, and each party’s ability to care for the child.

When a grandparent seeks partial custody under § 5325(1) or (2), § 5328(c) adds three grandparent-specific considerations:

  • the amount of personal contact between the grandparent and the child before the filing;
  • whether the award would interfere with any parent-child relationship; and
  • whether the award is in the child’s best interest.

Grandparents who can document years of regular involvement, school pickups, holidays, and overnights present far stronger cases than those with occasional contact.

How to File in Bucks, Montgomery, or Philadelphia County

Grandparent custody cases are filed in the Family Division of the Court of Common Pleas in the county where the child lives, generally the county where the child has resided for the past six months:

  • Bucks County: Court of Common Pleas in Doylestown.
  • Montgomery County: Court of Common Pleas in Norristown.
  • Philadelphia County: Family Court in Philadelphia.

The process typically starts with a custody complaint, or a petition to intervene if the parents already have a case. Parents can challenge standing early through preliminary objections, so the complaint should plead the § 5324 or § 5325 basis precisely. Most counties then require a custody conciliation or conference before a judge hears testimony. Filing fees and local procedures vary by county, and an experienced custody lawyer can often resolve grandparent time by agreement at the conciliation stage without a trial.

Speak With a Grandparents’ Rights Attorney in Greater Philadelphia

The Law Offices of Michael Kuldiner, P.C. handles grandparent custody and visitation cases throughout Bucks, Montgomery, and Philadelphia counties, with offices in Feasterville, Doylestown, Norristown, and Philadelphia. Call (215) 942-2100 or contact us online to schedule a consultation.

Frequently Asked Questions

Can grandparents get visitation if parents are still married?

Usually not over both parents’ objection. Section 5325(2) requires a pending custody proceeding between the parents and disagreement between them about grandparent time. If the parents are together and united in refusing contact, grandparents generally lack standing unless the child lived with them for 12 consecutive months and was then removed by the parents, or a § 5324 ground applies.

What is in loco parentis?

In loco parentis means a person has assumed the status and duties of a parent with a parent’s consent, typically by living with the child and providing day-to-day parental care. A grandparent who stands in loco parentis has standing under 23 Pa.C.S. § 5324(2) to seek any form of custody, including primary physical and legal custody.

Do grandparents have rights in PA when a parent dies?

Yes. Under § 5325(1), the parents and grandparents of a deceased parent have standing to file for partial or supervised physical custody. The court then weighs the § 5328 factors, including prior contact with the child, interference with the surviving parent’s relationship, and the child’s best interest.

How long must a grandchild live with a grandparent to file for custody?

Twelve consecutive months, excluding brief temporary absences. If the parents then remove the child, the grandparent must file within six months of the removal. The 12-month rule creates standing for partial custody under § 5325(3) and, combined with the other requirements of § 5324(3), for full custody.

Can a grandparent get full custody of a grandchild in Pennsylvania?

Yes. Grandparents with standing under § 5324 can seek primary physical and legal custody. Because § 5327(b) presumes custody should be awarded to a parent over a third party, the grandparent must rebut that presumption with clear and convincing evidence, often involving parental abuse, neglect, substance abuse, incapacity, or a dependency finding.

Do great-grandparents have custody rights in Pennsylvania?

Yes. Section 5325 expressly gives great-grandparents the same standing as grandparents to seek partial physical custody or supervised physical custody in the three situations the statute lists.

Can grandparents get emergency custody in Pennsylvania?

Yes. When a child faces immediate risk of harm, a grandparent with standing can request emergency or expedited relief along with a custody complaint. Courts can enter temporary orders quickly in situations involving abuse, neglect, overdose, incarceration, or abandonment.

How much does a grandparent custody case cost in Pennsylvania?

Court filing fees vary by county, and total attorney fees depend on how contested the case is: matters resolved by agreement at conciliation cost far less than a full custody trial. Call the Law Offices of Michael Kuldiner, P.C. at (215) 942-2100 to discuss the likely cost of your specific case.

Attorney advertising. This page provides general information about Pennsylvania law and is not legal advice. Every situation is different. Consult a licensed Pennsylvania attorney about your specific circumstances.