COOPERATIVE PARENTING FOR DIVIDED FAMILIES

Excerpt from ACT 124 -- Grandparents' Custody
This Act amends _5313, Chapter 53,
Custody of the Pennsylvania Consolidated Statutes
Senate Bill 434, Printer's No. 2306
(signed by the Governor 10/16/96
(NOTE: Reprint - check actual copy of exact wording)

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
is 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.
This act shall take effect in 60 days.

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