A.M.D., et al. v. A.L.R, et al. (majority)
Annotate this CaseAt issue in this appeal was whether an order determining that grandparents had standing under Section 5325(3) of the Domestic Relations Code, 23 Pa. C.S. § 5325(3), to file and pursue an action for partial physical custody of their grandchildren was a collateral order appealable as of right under Pennsylvania Rule of Appellate Procedure 313, Pa.R.A.P. 313 (Rule 313). In August 2017, A.L.R. (Father) and T.A.D-R. (Mother) (collectively, Parents) began residing with J.C.D., III, and A.M.D. (collectively, Grandparents), Mother’s parents, at their home in York County, Pennsylvania. While Parents resided at Grandparents’ home, the Children were born to Parents: E.J.R. and A.L.R. Parents and the Children resided with Grandparents until May 2022, when, following a disagreement, Parents moved out of Grandparents’ home with the Children. Thereafter, Grandparents filed a complaint seeking shared legal and partial physical custody of the Children. Parents filed preliminary objections, alleging, inter alia, that Grandparents lacked standing to pursue an action for custody of the Children. The trial court found: (1) Parents and Children lived in the same home as Grandparents for approximately five years; (2) during that time, Grandparents were not raising the Children and did not stand in loco parentis to the Children and helped Parents with the Children as grandparents and as people sharing living quarters typically do; and (3) Grandparents filed their custody complaint within six months of when Parents removed the Children from Grandparents’ home. Based on these findings, the trial court entered an order concluding that Grandparents did not have standing to file and pursue an action for shared legal and partial physical custody of the Children. After reconsideration, the trial court entered a second order determining the Grandparents did have standing to file and pursue their action for partial custody of the Children. The Pennsylvania Supreme Court held that such an order was not a collateral order, and, therefore, it affirmed the Superior Court’s order quashing this appeal.
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