Pennsylvania Custody Law Updates for Grandparents and Third Parties

Changes to Pennsylvania's child custody laws went into effect earlier this month. The new law, Act 21 of 2018, amends Title 23 (Domestic Relations) of the Pennsylvania statutes as it relates to "providing for standing for any form of physical custody or legal custody, for standing for partial physical custody and supervised physical custody and for consideration of criminal conviction." According to a memorandum by Senator Donald C. White, the Prime Sponsor of the bill, the legislation, as it was originally proposed in SB 844, would "expand legal standing for individuals seeking to gain custody of children where both biological parents are absent, whether due to death or for other reasons." As further explained by Mr. White, "This proposal is especially relevant for individuals/relatives that are increasingly assuming the role of primary caregivers due to the opioid and heroin epidemic in the Commonwealth."

Writing for The Legal Intelligencer, Michael E. Bertin, a partner at the law firm Obermayer Rebmann Maxwell & Hippel, notes that this amended law largely "impact(s) standing for grandparents and third parties". As Bertin further remarks, "As can be gleaned from the plain meaning of the new law, in a situation where neither parent has any form of caring control of the child, as long as an individual is willing to assume responsibility for the child and has a sustained, substantial, and sincere interest in the welfare of the child, that individual has the ability to seek custody of the child. This is a victory for children across the state who find themselves in situations where neither of their parents are available to care for them." ("New Child Custody Law Opens Door a Bit for Grandparents, Third Parties", June 27, 2018, 257 L.I. 4107).

The final act, along with the text of its amendments, its history through the Pennsylvania legislature, and its votes, is available online from the Pennsylvania General Assembly. The current, unannotated statutes are available for free online from Westlaw. Generally, Child Custody is found in 23 Pa.C.S.A. Chapter 53. Additional child custody-related laws may be included in other areas of the Pennsylvania statutes. For other ways to access the Pennsylvania statutes, including in print in the library, see our Pennsylvania Statutes research guide.

For additional resources related to child custody and other domestic relations matters in Pennsylvania, see our Pennsylvania Family Law guide.