Grandparents' rights for Custody in Pennsylvania

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In Pennsylvania, Grandparents have the occasion to seek custody of a Grandchild under miniature circumstances. The Pennsylvania Statute enunciated at 23 Pa.C.S.A. § 5313, sets forth the circumstances under which a Grandparent may request for retrial for Custody of a Grandchild.

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A Grandparent may request for retrial for Partial Custody and Visitation where an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents. The court will grant the request for retrial if it finds that visitation ownership would be in the "best interests of the child" and would not interfere with the parent-child relationship. The best interests of the child is the proper used in all custody cases in Pennsylvania. In it core form, the best interests of the child means what is best for the child's physical, moral, intellectual and spiritual well being.

A Grandparent may request for retrial for Full physical and Legal Custody of a grandchild if it is in the best interest of the child to not be in the custody of whether parent. In order to qualify for such type of custody, the Grandparent must (1) have genuine care and concern for the child; (2) have a association with the child which began with the consent of a parent of the child or pursuant to an order of court; and (3) who for 12 months or more has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and group needs of the child, or who assumes the responsibility for a child who has been carefully to be a dependent child or who assumes or deems it considerable to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness.

In attempting to organize a Grandparent's ownership to whether Partial or Full Custody, the Pennsylvania Courts will think the following factors: (1) the number of disruption allinclusive visitation would cause in the child's life; (2) the suitability of the grandparents' home (3) the emotional ties in the middle of the child and the grandparents; (4) the moral fitness of the grandparents; (5) the length in the middle of the child's home and the grandparents' home; (6) the possible for the grandparents to undermine the parent's normal disciplining of the child as a consequent of visitation; (7) whether the grandparents are employed and the responsibilities linked with such employment; (8) the number of hostility that exists in the middle of the parent and the grandparents; and (9) the willingness of the grandparents to accept the basic belief that the rearing of the child is the parent's responsibility and is not to be interfered with by the grandparents.

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