Grandparent and Third-Party Custody in Pennsylvania
Legal advocacy for grandparents and others with a meaningful role in a child’s life seeking custody or visitation rights.
Advocating for Families Beyond Parents – Kinney Law
At Kinney Law, we recognize that family is not always defined by biological parents. Grandparents and other third parties often play critical roles in a child’s life, especially in times of instability or crisis. Pennsylvania law provides pathways for non-parents to seek custody when it serves the best interest of the child—and we’re here to help you navigate those pathways with compassion and precision.
With more than 30 years of family law experience, Tim Kinney has represented countless grandparents and third parties in their pursuit of custody and visitation rights. Whether you are seeking primary custody, partial custody, or simply the legal right to remain in a child’s life, Kinney Law will advocate for you with strength and experience.
Understanding Grandparent and Third-Party Custody Rights
Under 23 Pa.C.S. §§ 5324 and 5325, Pennsylvania allows certain non-parents to seek legal or physical custody in specific circumstances, including but not limited to:
- Grandparents who have assumed a parenting role or who have a substantial and ongoing relationship with the child.
- Third parties (including other relatives or family friends) who have acted as a child’s caregiver and meet the legal definition of “in loco parentis.”
- Individuals who can show that neither parent is fit or able to care for the child, and that it would be in the child’s best interest for them to step in.
Each case requires detailed legal and factual analysis. Kinney Law will help you understand your rights and build a strong petition based on your relationship with the child and the applicable law.
When Can Grandparents or Third Parties Pursue Custody?
The law provides standing to pursue custodial rights for grandparents or third parties in specific situations. Examples include:
- The child has resided with them for a significant period (usually 12 months or more).
- One parent is deceased.
- The child is at risk due to abuse, neglect, or instability.
- There is a pre-existing, substantial relationship between the non-parent and the child.
Each scenario is very fact-specific, and must be analyzed with care. Kinney Law conducts a thorough analysis to determine whether standing exists, and if so, will advocate strongly for custody or visitation.
The Kinney Law Advantage in Non-Parent Custody Cases
- Legal Insight and Experience: Tim Kinney has decades of courtroom experience handling complex family arrangements and is deeply familiar with the nuanced requirements of third-party custody law in Pennsylvania.
- Strategic Preparation: These cases often turn on factual detail. We work tirelessly to gather evidence, witness testimony, and documentation that demonstrate your ongoing and vital role in the child’s life.
- Focused on the Child’s Best Interest: Courts prioritize what is best for the child—not just biological connections. We present your relationship, caregiving history, and intentions with clarity and compassion.
- Client-Centered Service: You’ll have ongoing access to your legal documents and case updates via our secure Client Portal, with consistent communication from your attorney.
Get the Legal Support You Deserve
Navigating custody as a grandparent or third party is emotionally and legally challenging. Kinney Law provides the guidance, advocacy, and experience you need to protect your relationship with the children and ensure their well-being.
Contact us today to schedule a consultation and explore your rights under Pennsylvania custody law.