Children often form very strong emotional bonds with their grandparents, especially in difficult situations. While grandparents can file for custody of the child, oftentimes, the aspect of “guardian” in the “parent/guardian” category can be difficult to navigate in the field of law. Grandparents can serve as guardians, with the proper laws behind them. We’re here to help you walk through them.

According to the Pennsylvania Custody and Grandparents’ Visitation Act, grandparents have a whole range of ways they can petition for custody, especially when they serve as a child’s primary caretaker. The situations include:

• The death of a birth parent
• When parents are divorced or have been separated for six months or more and a divorce has been filed
• When a child has resided with a grandparent for 12 months or more, followed by the child being removed by a parent

Some factors outside of this have to be taken into consideration as well. The child’s or children’s emotional health, their previous and current relationship with the grandparents, and the child’s preferences can all be taken into account if/when the custody case is taken to court.