In many instances, grandparents take on a high level of responsibility in the lives of their grandchildren. Sometimes, whether due to substance abuse, mental health, or other problems, parents are unable to care for their children. Pennsylvania law specifically grants grandparents custody rights in certain situations. Sections 5324 and 5325 of the PA Domestic Relations Code give grandparents, and great-parents, legally enforceable custody rights when certain criteria are met. A link to the statute is provided here: Chapter 53. – Title 23 – DOMESTIC RELATIONS
While the statute itself may seem self-explanatory, there are a few situations that can cause confusion, even for the courts. It’s important you have an attorney that is familiar with all of the facets of grandparent custody rights.
Children and Youth Involvement
If the child has been adjudicated a dependent child, there are added complexities. Generally speaking, a dependent child is one that has bene removed from the legal custody of parents, or other caretakers, and placed into the custody of Children and Youth Social Services. Parents are not permitted to file for custody of dependent children. However, Section 5324 very plainly allows grandparents to seek custody rights for the dependent grandchildren.
Grandparents can expect to encounter “barriers to entry” if they try to file for custody of the grandchildren who have been adjudicated dependent by the court. They will need to have an attorney who understands the complex law in this area and can fight for their entry into the court system.
Adoption
When an adoption petition is filed, grandparents must act quickly to assert their custody rights. Ideally, grandparents will have already asserted those rights. A grandparent is permitted to seek custody of their grandchild after adoption if their grandchild has been adopted by a stepparent, grandparent or great-grandparent. If adopted by a third-party, grandparents are at risk of losing contact with their grandchild.
A grandparent is permitted to intervene in an adoption action involving their grandchild. This intervention will give a grandparent status to seek a Post-Adoption Contact Agreement (“PACA”), allowing them to have continuing contact with their grandchild even after an adoption. If a grandparent had already established custody rights prior to the adoption proceedings, it is more likely that a judge would grant a PACA as being in the best interests of the child, which is the paramount concern in any case involving a minor child.
Caracappa Cook Scott & Ramagli PC
215-946-4342
jramagli@ccsrlaw.com