Our Practice  |  Third-Party Custody and Visitation Rights

In some instances, in Pennsylvania, the right of custody may also extend to grandparents and other third parties who stand in loco parentis to the child.  The third party involved in custody proceedings could be any adult, including current or ex-spouses or partners, siblings, other relatives, or even friends or neighbors, so long as the third party meets the requirements and stands in loco parentis to the child.

In loco parentis is a Latin term that means “in the place of a parent.” For custody purposes, it means that a court can award custody to a third party — other than one of the child’s parents — if it determines that is in the best interests of the child.

Establishing in Loco Parentis in a Pennsylvania Custody Case

There are two main factors Pennsylvania courts will consider when deciding whether a third party is sufficiently in loco parentis to a child to be awarded custody.  First, whether a third party/ person has assumed parental status regarding the child by being placed in the position to perform all parental obligations, such as providing food, shelter, clothing, and other support. The second factor considers whether the third party has performed these parental duties for the child.

If the court finds that the third party has established a parent-like relationship with the child based on these factors, it can award custody to that third party.

Grandparents’ Custody and Visitation Rights

Court decisions have made clear that grandparents can establish an in loco parentis relationship with the child just as any other third party.

If grandparents are unable to meet these requirements, they may seek custody if the following circumstances are met, namely that they have assumed or are willing to assume responsibility for the child, as well as that the grandchild is in any of the following circumstances:

• declared to be a dependent in a juvenile proceeding;
• at risk because of parental abuse, neglect, drug or alcohol use, or incapacity; or
• has lived with the grandparent for at least the past 12 consecutive months and was removed from the home by the parents.

If a grandparent does not meet the statutory requirements for requesting custody, they may still have the standing, or a legal basis to seek partial custody or visitation rights, if they are the parent or even grandparent of a deceased parent of a child.

Contact Our Office

To arrange an appointment with an experienced Third-Party Custody and Visitation Rights attorney, contact us online or call us at 215-348-2605.