Serving Northeastern Pennsylvania
PA Law has recently redefined the circumstances under which grandparents have standing to seek partial physical custody or supervised physical custody of their grandchildren. This amendment to the statute is the legislature's attempt to address the finding by the Supreme Court of Pennsylvania in D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016), which determined the prior version of section (2) of the statute was unconstitutional.
The new law now provides that grandparents or great grandparents may also seek partial physical custody or supervised physical custody where the relationship with the child began either with the consent of one child's parents or under a court order where the parents of the child have commenced a proceeding for custody and do not agree as to whether the grandparents or great grandparents should have custody.
Although this statute grants standing to grandparents and great grandparents to seek partial physical custody and supervised physical custody, there are certain determinations a court will also have to make to issue such an order.
To discuss the changes and learn more about the custody rights of grandparents and great grandparents in Pennsylvania, please contact Attorney, Tammy Lee Clause.
If you're a grandparent and are looking for advice, call