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Change to "standing" to pursue child custody

Posted by Scott J. Straubaugh | Jul 15, 2018 | 0 Comments

Recently, the Pennsylvania legislature modified 23 Pa.C.S.A. sec. 5325 to provide that grandparents and great grandparents now may pursue a partial or supervised physical custody arrangement with their grandchildren when a relationship with the child began with the consent of the parents or as part of a court order and where the parents of the child have commenced a proceeding for custody and do not agree as to whether the grandparents or great-grandparents should have custody.  See 23 Pa.C.S.A. Sec. 5325(2).  This raising an interesting question because it would appear that grandparents are allowed to actually assert a claim for custody with their grandchildren when a husband and wife split and start a custody proceeding.  The key question will be whether the grandparents will have to establish some form of regular visitation with the child existed to assist the court in determine the amount and frequency of contact between the grandparent and child.  Stay tuned as this modification was passed on May 4, 2018 and will not be effective for 60 days from that date. 

 

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