Can A Grandparent Get Custody Over The Natural Parents?

In Pennsylvania, grandparents can be awarded custody of their grandchildren — but only in exceptional circumstances. Courts strongly favor keeping children with their biological parents, operating under the belief that parents are best suited to care for their own children. However, there are situations where a grandparent can step in and obtain custody if doing so is clearly in the child’s best interests.

When a Grandparent May Seek Custody

For a grandparent to be granted custody, they must show that the child’s safety, emotional health, or overall well-being is at serious risk under the parents’ care. This might include situations involving neglect, abuse, substance abuse, domestic violence, or instability in the home.

In these cases, the grandparent must present convincing evidence that:

  • The parents are unfit or unable to provide proper care.

     

  • Awarding custody to the grandparent is in the child’s best interests.

     

  • The child would face harm if left with the natural parents.

     

What Courts Consider

Family courts carefully weigh a number of factors before awarding custody to a grandparent, including:

  • The child’s emotional bond with the grandparent.

     

  • The stability and safety of the grandparent’s home environment.

     

  • The grandparent’s ability to meet the child’s physical and emotional needs.

     

  • The overall impact on the child’s development and well-being.

     

Because these cases are complex and emotionally charged, grandparents seeking custody should work closely with a family law attorney. An experienced attorney can help build a strong case supported by clear evidence that custody serves the child’s best interests.

Final Thoughts

While courts prioritize parental rights, the ultimate focus is always on what’s best for the child. In rare cases where a grandparent can provide a more stable and loving home, the court may grant them custody to ensure the child’s safety and happiness.

If you have any questions about the topic discussed in this article, or any custody matter, please give us a call at Bononi & Company 724-832-2499.



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