6 Reasons Grandparents Can File for Custody of GrandchildrenOctober 18, 2024
For many grandparents in Harrisburg, PA, and throughout the central PA area, the well-being of their grandchildren is paramount. In certain situations, it becomes necessary for grandparents to take a more active role, including pursuing custody.
Pennsylvania law recognizes the importance of the grandparent-grandchild relationship and provides specific circumstances under which grandparents can file for custody.
Here’s a closer look at the key reasons grandparents might seek custody and how Daley Zucker, a leading family law firm in Harrisburg, PA, can assist in navigating these complex legal waters.
1. The Child’s Safety and Welfare
One of the most compelling reasons for a grandparent to seek custody is concern for the child’s safety and welfare. If there’s evidence that the child’s current living situation is unsafe or harmful—due to issues like abuse, neglect, or substance abuse—grandparents can file for custody to provide a stable and secure environment.
2. Prior Living Arrangements
If the child lived with the grandparents for 12 or more months and the parents removed the child from the home, the grandparents can file for custody within 6 months of the child’s removal from the home.
3. Parental Agreement
In situations where parents are willing and able to make voluntary arrangements for grandparents to take custody, the court is likely to consider such agreements favorably. This scenario often occurs when parents acknowledge their current inability to provide for their child due to various circumstances, including financial hardship or personal challenges.
4. De Facto Custodian Status
Grandparents who have already been acting as the child’s primary caregivers for an extended period may seek legal recognition of their role. Pennsylvania law allows individuals who have taken on the role of a parent, providing for the child’s needs without formal legal recognition, to petition for custody.
5. Death or Absence of Parents
If one or both parents are deceased or have been absent from the child’s life for a significant period, grandparents can file for custody. The court will consider such petitions to ensure the child maintains his or her relationship with the family of the parent who has died. In order for parental absence to be a basis for filing for custody, both parents would need to be absent or otherwise unable to care for the child.
6. The Child’s Preference
In Pennsylvania, the court may consider the child’s preference, depending on the child’s age and maturity. If a child expresses a strong desire to live with their grandparents, this preference can be a factor in the court’s decision-making process. However, child preference alone is not typically enough for a grandparent to receive custody and it is not enough for a grandparent to have the right to file a custody action.
How Daley Zucker Can Help
Navigating the legal process to obtain custody of a grandchild can be overwhelming. Daley Zucker offers compassionate and skilled legal representation to grandparents in Harrisburg, PA, and beyond. Our experienced family law attorneys understand the nuances of Pennsylvania custody laws and are dedicated to advocating for the rights and best interests of grandparents and their grandchildren.
Grandparents play a crucial role in the lives of their grandchildren, and in certain circumstances, taking legal custody is in the best interest of the child. If you’re a grandparent in Harrisburg, PA, considering filing for custody, it’s important to understand your rights and the legal avenues available. The team at Daley Zucker is here to guide you through every step of the process, ensuring that your grandchild’s welfare is protected.
For personalized legal advice and support, contact Daley Zucker today. Let our family law experts help you secure a bright and stable future for your grandchild.
