Family · Grandparent visitation
Grandparent Visitation Rights in Pennsylvania
When a grandparent can ask a court for visitation with a grandchild in Pennsylvania, who has standing to file, what they must prove, and the special weight the court must give a fit parent's decision. Cited to the statute.
When a grandparent can petition in Pennsylvania
The situations that give a grandparent standing to file, and the limits the court applies before it orders visitation over a parent's objection.
Pennsylvania’s grandparent standing statute has been narrowed by the courts. In D.P. v. G.J.P. (2016) the Pennsylvania Supreme Court struck down standing based solely on a six-month separation. Grandparent visitation law is frequently litigated and amended, so confirm the current text of sections 5325 and 5328 and recent case law before relying on this.
| When a grandparent can petition | What it means |
|---|---|
| A parent of the child is deceased | Under section 5325(1), when a parent of the child has died, a parent or grandparent of that deceased parent may file an action for partial physical custody or supervised physical custody. |
| The parents have begun a divorce | Under section 5325(2), a grandparent may file when the parents have commenced and continued a proceeding to dissolve their marriage. The court then applies the best-interest factors before ordering any custody. |
| The child lived with the grandparent 12+ months | Under section 5325(3), when the child has lived with the grandparent for at least 12 consecutive months and is then removed by the parents, the grandparent may file, but the action must be filed within six months after the removal. |
| Best-interest factors under section 5328(c) | The court weighs the amount of contact between the child and the grandparent, whether an award would interfere with the parent-child relationship, and the child’s best interest before granting partial custody. |
| What blocks or limits visitation | What it means |
|---|---|
| Special weight for a fit parent (Troxel) | Under Troxel v. Granville, a fit parent’s decision must be given special weight. Section 5328(c) reflects this by requiring that any award not interfere with the parent-child relationship and be in the child’s best interest. |
| The six-month-separation basis was struck down | In D.P. v. G.J.P. (2016), the Pennsylvania Supreme Court held that granting standing based only on the parents being separated for at least six months violated the parents’ rights. Separation alone no longer gives standing. |
| The family being intact is a bar | The standing bases all involve a death, a divorce proceeding, or the child having lived with the grandparent. Two married parents who agree to limit contact do not give a grandparent standing under section 5325. |
| Adoption can cut off standing | Adoption of the child changes legal parentage. Outside limited situations, adoption generally ends a grandparent’s standing to seek partial custody or visitation. |
What you can do right now
Concrete, neutral steps for a grandparent or a parent in Pennsylvania. This is legal information, not legal advice.
- Confirm you have standing under section 5325
Check whether a parent has died, the parents have started a divorce, or the child lived with you for at least 12 months and was removed within the last six months. Separation alone no longer gives standing.
- Gather evidence for the best-interest factors
Document the amount of contact you have had with the grandchild and how visitation would fit alongside the parent-child relationship, since section 5328(c) turns on these points.
- Try mediation, then consult a family-law attorney
Mediation may resolve contact without litigation. If it does not, a family-law attorney or the Pennsylvania Bar Association Find a Lawyer service can explain standing after D.P. v. G.J.P.
Grandparent visitation is decided case by case and turns on standing and the child's best interest. A licensed family-law attorney can explain your options; the state bar can refer you to one.
→ Pennsylvania Bar Association, Find a LawyerThis is general legal information, not legal advice. Standing and the standard turn on the exact statute, current case law, and the facts of your family, so confirm your situation against the statute and talk to a lawyer.
What families in Pennsylvania get wrong about grandparent visitation
Pennsylvania lets a grandparent or great-grandparent seek partial physical custody or supervised physical custody under 23 Pa.C.S. section 5325, but only in defined situations. Standing exists when a parent of the child has died, when the parents have commenced and continued a proceeding to dissolve their marriage, or when the child has lived with the grandparent for at least 12 consecutive months and is then removed by the parents, in which case the action must be filed within six months of removal. If standing is met, section 5328(c) directs the court to weigh the amount of contact between the child and the grandparent, whether an award would interfere with the parent-child relationship, and the child’s best interest. Under the U.S. Supreme Court decision Troxel v. Granville, a fit parent’s decision must be given special weight. Pennsylvania’s highest court applied that limit in D.P. v. G.J.P. (2016), striking down the part of section 5325 that gave standing based solely on the parents being separated for at least six months. As a result, two fit parents who simply live apart or agree to limit contact do not give a grandparent standing. This is legal information, not legal advice.
Common questions
Can grandparents get court-ordered visitation in Pennsylvania?
Yes, in limited circumstances. Under 23 Pa.C.S. section 5325 a grandparent may seek partial custody when a parent has died, the parents have begun a divorce, or the child lived with the grandparent for at least 12 months and was then removed.
What must grandparents prove in Pennsylvania?
Can two fit parents block grandparent visitation in Pennsylvania?
Usually yes. After D.P. v. G.J.P. (2016), two fit parents who live apart or agree to limit contact do not give a grandparent standing, and the court must give special weight to the parents’ decision.
Does adoption end grandparent visitation rights in Pennsylvania?
Generally yes. Adoption changes the child’s legal parentage, and outside limited situations it ends a grandparent’s standing to seek partial custody or visitation under section 5325.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.