D.P. v. G.J.P. (majority)Annotate this Case
This was a direct appeal from a common pleas court order invalidating a statutory provision giving grandparents standing to seek custody of their minor grandchildren. The question this case presented for the Pennsylvania Supreme Court's review was whether the parents’ fundamental rights were violated by the conferral of standing based solely on a parental separation lasting at least six months. Appellees G.J.P. and A.P. (“Parents”) married in 2006 and had three children. Parents separated in October 2012, albeit they did not initiate divorce proceedings. Because they were in agreement as to custody matters while living separately, Parents never sought court involvement and no custody order was issued prior to this litigation. In December 2012, Parents mutually agreed that all contact between the children and their paternal grandparents, appellants D.P. and B.P. (“Grandparents”), should have been discontinued. The grandparents filed suit seeking partial custody of the minor children. Grandparents did not suggest that Parents were unfit or that the children were in any danger. As their basis for standing, they relied on Section 5325 of the Domestic Relations Code (the “Code”). "Section 5325 cannot survive strict scrutiny and, as such, it violates the fundamental rights of parents safeguarded by the Due Process Clause." Upon review, the Supreme Court "salvag[ed the] statute to the extent possible without judicially rewriting it" by severing the first half of paragraph (2) from the remainder of paragraph (2) and the remainder of Section 5325 generally. The Court then affirmed dismissal of the grandparents' petition.