In addition to situations set forth in section 5324 (relating to standing for any form of physical custody or legal custody), grandparents and great-grandparents may file an action under this chapter for partial physical custody or supervised physical custody in the following situations:
(1) where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section;
(2) where the relationship with the child began either with the consent of a parent of the child or under a court order and where the parents of the child:
(i) have commenced a proceeding for custody; and
(ii) do not agree as to whether the grandparents or great-grandparents should have custody under this section; or
(3) when the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, an action must be filed within six months after the removal of the child from the home.
(May 4, 2018, P.L.112, No.21, eff. 60 days)
2018 Amendment. Act 21 amended par. (2).
Cross References. Section 5325 is referred to in sections 5323, 5326, 5328 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 5321 - Scope of chapter
Section 5323 - Award of custody
Section 5324 - Standing for any form of physical custody or legal custody
Section 5325 - Standing for partial physical custody and supervised physical custody
Section 5326 - Effect of adoption
Section 5327 - Presumption in cases concerning primary physical custody
Section 5328 - Factors to consider when awarding custody
Section 5329 - Consideration of criminal conviction
Section 5329.1 - Consideration of child abuse and involvement with protective services
Section 5330 - Consideration of criminal charge
Section 5332 - Informational programs
Section 5333 - Counseling as part of order
Section 5334 - Guardian ad litem for child
Section 5335 - Counsel for child
Section 5336 - Access to records and information
Section 5338 - Modification of existing order
Section 5339 - Award of counsel fees, costs and expenses
Section 5340 - Court-appointed child custody health care or behavioral health practitioners