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Grandparents’ Rights in Pennsylvania Custody and Visitation Cases in Pennsylvania

On Behalf of McMorrow Law, LLC

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Jul 29, 2026

| Child Custody

Pennsylvania law gives grandparents the right to seek custody or visitation in certain situations, but those rights are not automatic. Before a court considers whether a grandparent should receive custody or visitation, the grandparent must meet the legal requirements. If they qualify, the court then decides whether the request serves the child’s best interests.

If you’re unsure whether you have the legal right to seek custody or visitation, contact McMorrow, LLC. Our Pennsylvania family law attorneys can evaluate your circumstances, determine whether you have standing under state law, and help prepare the documents needed to move your case forward.

When Can Grandparents Seek Custody or Visitation in Pennsylvania?

If you’re a grandparent, you can’t just ask the court for custody or visitation simply because you want more time with your grandchild. Pennsylvania law limits when these requests may be filed, and the requirements differ depending on the type of order you’re seeking.

Requesting Custody

Under 23 Pa.C.S. § 5324, you may have standing to seek custody in certain situations, such as when your grandchild is substantially at risk because of parental abuse, neglect, substance abuse, or incapacity, or when you have assumed or are willing to assume responsibility for your grandchild under circumstances recognized by the statute. For instance, if you’ve been caring for your grandchild because their parent is unable to provide a safe home, they may have grounds to ask the court to consider awarding you custody.

Seeking Visitation

You can request partial physical custody or visitation if you meet Pennsylvania’s standing requirements. You may seek visitation under 23 Pa.C.S. § 5325 in specific situations, including:

  • When one of your grandchild’s parents is deceased.
  • When your grandchild’s parents have started a custody case against each other and disagree about whether you should have custody, provided your relationship with your grandchild began with a parent’s consent or under a court order.
  • When your grandchild has lived with you for at least 12 consecutive months and is then removed from the home by the parents, provided you file within six months of the removal.

However, even if one of these circumstances applies, the court will not automatically grant you visitation. The judge must still determine that your request serves your grandchild’s best interests. Our family lawyers in Pennsylvania can evaluate your family’s circumstances, determine whether you qualify to file, and help prepare a petition backed by the appropriate evidence.

What Do Courts Consider When Determining Custody or Visitation for Grandparents in Pennsylvania?

Meeting the legal requirements to file doesn’t guarantee that the court will give custody or visitation rights. Once it has established your standing, it must apply the child’s best interest factors and the overall circumstances to determine whether your requested arrangement will benefit your grandchild. It may consider the existing relationship between the grandparent and grandchild, the child’s need for stability, each party’s ability to meet the child’s needs, the importance of maintaining healthy family relationships, and whether any safety concerns could affect the child’s well-being.

You Can Trust Our Pennsylvania Family Lawyers to Protect Your Grandparents’ Rights

Having a close bond with your grandchild is vital. Still, Pennsylvania courts must also determine whether you have the legal right to bring the case and whether your visitation or custody request is in the best interests of your grandchild. Contact us online or call 412-407-2816 for your confidential case review. Our family law attorneys in Pennsylvania can evaluate your eligibility under state law, explain your legal options, and help present a case that addresses the requirements the court must consider.