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In today’s day and age,  more commonly grandparents are playing a direct role in raising their grandchildren.  Whether this occurs as simply a child care option during the parent’s work day or a permanent solution to an absentee or even deceased parent, often grandparents find themselves being significantly involved in their grandchildren’s everyday lives.

Too often, however, a contentious custody battle may arise leaving grandparents cut off from access to the grandchildren.    As a result of  changes in custody law in Pennsylvania, Grandparents  (and certain other interested adults)  seeking legally enforceable ways to see their grandchildren  no have more avenues through which they can proceed depending on the type of custody they wish to establish.

Standing and In Loco Parentis

To seek custody in a courtroom setting, an individual must have “standing,” or meet certain requirements to sue.  In the custody setting this requires that the individual have a pre-existing history of parenting the child in question, or stand in loco parentis to the child.   Grandparents and great-grandparents are the only type of relative (other than a biological parent) who are explicitly given the right to sue under state law for custody or visitation.

Amendment to  the PA Custody Law 

Recently, the Pennsylvania legislature amended Sections 5324 and 5325 of the Custody Act to expand the definition of individuals qualified to sue for custody of a child. This expansion occurred in large part due to the enormous impact that opioid addiction has had on children’s lives in homes across the state, and the desire of the state to allow family members to intervene for the children’s better interests.

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