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when parents have been separated for six months or more, the
court may, upon application of the parent or grandparent of a
party, grant reasonable partial custody or visitation rights, or
both, to the unmarried child if it finds that visitation rights or
partial custody, or both, would be in the best interest of the
child and would not interfere with the parent-child relationship.
The court shall consider the amount of personal contact
between the parents or grandparents of the party and the child
prior to the application.
Section 5313, gives grandparents the standing in other situations. A grandparent may
file a request with the court if she or he meets the requirements for Subsection (a) or
Subsection (b). This is reflected in the form for making a Complaint for Custody or Partial
Custody.
23 Pa. C.S. § 5313. When grandparents may petition
(a) Partial custody and visitation.--If an unmarried child has
resided with his grandparents or great-grandparents for a
period of 12 months or more and is subsequently removed from
the home by his parents, the grandparents or great-
grandparents may petition the court for an order granting them
reasonable partial custody or visitation rights, or both, to the
child. The court shall grant the petition if it finds that visitation
rights would be in the best interest of the child and would not
interfere with the parent-child relationship.
(b) Physical and legal custody.--A grandparent has standing
to bring a petition for physical and legal custody of a
grandchild. If it is in the best interest of the child not to be in
the custody of either parent and if it is in the best interest of
the child to be in the custody of the grandparent, the court may
award physical and legal custody to the grandparent. This
subsection applies to a grandparent:
(1) who has genuine care and concern for the child;
(2) whose relationship with the child began with the
consent of a parent of the child or pursuant to an order of
court; and
(3) who for 12 months has assumed the role and
responsibilities of the child's parent, providing for the
physical, emotional and social needs of the child, or who
assumes the responsibility for a child who has been
determined to be a dependent child pursuant to 42 Pa.C.S.
Ch. 63 (relating to juvenile matters) or who assumes or
deems it necessary to assume responsibility for a child who
is substantially at risk due to parental abuse, neglect, drug
or alcohol abuse or mental illness. The court may issue a
temporary order pursuant to this section.