In Pennsylvania, grandparents may have legal rights to seek custody or visitation under certain circumstances. While parents have the strongest claim to custody, state law recognizes the valuable role grandparents can play—especially when a child’s well-being is at stake.
If you live in Pike County and want to know your options as a grandparent, Clause Law Group is here to help you understand when you can file and how to build a strong case.
Do Grandparents Have Legal Rights in Pennsylvania?
Yes, but only in specific situations. Under 23 Pa.C.S. § 5324 and § 5325, grandparents can file for partial physical custody, supervised physical custody, or even full legal custody, depending on the circumstances.
When Can Grandparents File for Custody in Pike County?
You may petition the court for custody (including legal or physical custody) if you have:
- In loco parentis status — You’ve been acting as a parent and living with the child
- A relationship with the child for 12+ months, and
- The child is at risk due to parental abuse, neglect, or absence
The court must find:
- That continued involvement serves the child’s best interest
- That granting custody won’t interfere with the parent-child relationship
When Can Grandparents Seek Visitation (Partial Custody)?
You may petition for partial physical custody or visitation if:
- A parent of the child is deceased, or
- The parents have been separated for at least six months, or
- The child has lived with you for at least 12 consecutive months, and then was removed by the parent
🛑 If the child lives in an intact family, and both parents object, your petition may be denied unless you meet specific statutory exceptions.
Where to File in Pike County
All custody and visitation petitions must be filed with the Pike County Court of Common Pleas:
📍 Pike County Courthouse – Family Division
412 Broad Street, Milford, PA 18337
📞 (570) 296-6511
What Will the Court Consider?
Whether seeking custody or visitation, the court will apply the “best interests of the child” standard. Judges look at:
- The child’s safety and emotional needs
- Existing relationship between grandparent and child
- The parents’ wishes
- Any history of abuse or substance use
- The grandparent’s ability to provide a stable environment
Do You Need a Lawyer?
While you can file pro se, grandparent custody cases are complex and fact-sensitive. The burden of proof is high, and legal representation significantly improves your chances of success—especially if the parents contest your petition.
Clause Law Group represents grandparents in:
- Emergency filings
- Custody and visitation petitions
- Modifications and enforcement actions
We Help Grandparents Fight for Their Rights
Grandparents play a vital role in the lives of children—especially when families are in crisis. If you’re concerned about your grandchild’s safety or want to remain involved in their life, we can help you take action legally and compassionately.
📞 Call (570) 676-5212
📍 Serving Pike County families from our Newfoundland, PA office
📨 Schedule a consultation about your grandparents’ rights
