In the State of Pennsylvania, a grandparent’s right to do so must be met by the following circumstances:
A grandparent has in loco parentis status in which he or she has been acting in the place of a parent.
- A grandparent does not have loco parentis status, but the grandchild meets these criteria:
- Determined to be dependent
- At substantial risk of parental abuse and/or neglect
- Has been removed by a parent and has lived with the grandparent for 12 months or more
A grandparent may also petition for partial or supervised custody in these circumstances:
- The parent of the child has passed away
- The parents have been separated for at least 6 months or have started divorce proceedings