West Chester, PA 19380
Fill out the form below to get in touch with one of our attorneys.
Lee Ciccarelli is the founder and managing partner of Ciccarelli Law Offices with over two decades experience as a practicing attorney.
These locations are available by appointment only
Grandparents enjoy special bonds with their grandchildren, and they oftentimes go above and beyond with the amount of financial and emotional support they provide. Pennsylvania law understands the importance of these relationships, and grandparents are given special rights or “standing” when it comes to custody matters.
If a parent dies or becomes unable to care for a child, the grandparents may be able to petition the court for legally adoptive custody of the child. In Pennsylvania, the grandparent of an adopted child is afforded the same rights as grandparents of biological children.
Whether you are the grandparent or step-grandparent to an adopted child or a biological child, you will want to work with a capable Pennsylvania family law attorney in order to obtain custody of your grandchildren. Ciccarelli Law Offices serves communities all over Chester County as well surrounding areas in Delaware County, Montgomery County, Lancaster County, and the greater Philadelphia area.
Our firm will protect your rights and determine the most effective way to present your case to the court. Call us today at (877) 529-2422 to set up a free consultation so we can review your case.
Under Pennsylvania Consolidated Statute Title 23 Chapter 53 § 5324, there are three types of parties that have the standing, or legal stake or interest in a dispute entitling him or her to bring the controversy before the court, for any form of physical custody or legal custody. These include the child’s parent, a person who stands in loco parentis (in the place of a parent) to the child, or a child’s grandparent who is not in loco parentis to the child but:
Additionally, Pennsylvania Consolidated Statute Title 23 Chapter 53 § 5325 lists the following situations in which grandparents and great-grandparents may file an action for partial physical custody or supervised physical custody:
There are 16 relevant factors listed under Pennsylvania Consolidated Statute Title 23 Chapter 53 § 5328 that any court needs to give weighted consideration to in determining the best interest of the child. These include:
Pennsylvania Consolidated Statute Title 23 Chapter 53 § 5328(c) also lists the following court considerations for grandparents and great-grandparents in cases in which the parent of the child is deceased or the parents of the child have been separated for a period of at least six months or have commenced and continued a proceeding to dissolve their marriage:
If the child has resided with the grandparent or great-grandparent for a period of at least 12 consecutive months, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, then the court considers the following:
Ciccarelli Law Offices represents grandparents in Chester County communities like Kennett Square, Phoenixville, West Caln, Downingtown, Coatesville, West Chester, Easttown, and West Goshen. We also help clients in Lancaster, Willlow Street, Salisbury, and Columbia in Lancaster County, Pottstown, Cheltenham, Norristown, and Horsham in Montgomery County, as well as Radnor, Chester, and Middletown in Delaware County.
If you are a grandparent seeking assistance in the adoption process, let our firm see what we can do for you. We can review your case when you call (877) 529-2422 to schedule a free consultation.