2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 53 - Custody
5313 - When grandparents may petition.

     § 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.
     (Oct. 16, 1996, P.L.706, No.124, eff. 60 days)

        Cross References.  Section 5313 is referred to in section
     5314 of this title.