A Bill introduced by Senator Don White regarding who has legal standing in a custody action was signed into law on May 4, 2018 (Act 21 of 2018) and becomes effective July 4, 2018. “Standing” is the legal requirement that determines which parties can be in the courtroom pursuing custody of a child.
Under current law a grandparent’s right or “standing” to file for custody is not automatic but rather is limited to situations where the grandparent is acting in “loco parentis” (performing legal duties) or can show one of the following: (i) the child is declared “dependent” in CYS proceedings, (ii) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity, or (iii) the child resided with the grandparent for at least 12 consecutive months.
This new Act 21 expands the legal standing for third-party individuals, including grandparents, seeking to gain custody in cases where no biological or adoptive parent has care and control of the child. Act 21 allows any individual who “has a sustained, substantial and sincere interest in the welfare of the child” to seek primary physical custody of a grandchild. In such actions, the court will consider, among other facts, the nature, quality, extent and length of the individual’s involvement in the child’s life.
In a custody trial, the court always considers the “best interests of the child” and takes into account the child’s relationship with all parties. After one’s “standing” in a case is established, the court applies a list of 16 factors (23 P.S. §5328) in determining which custody arrangement will be in the child’s best interest.
The attorneys of Supinka & Supinka, PC, are experienced in handling all types of family law matters. For more information and a consultation, please call (724) 349-6768.
