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Pennsylvania law recognizes the rights of grandparents to pursue their custody rights through the court system for their minor grandchild or grandchildren.
Grandparents are eligible for three types of custody :
Primary Physical Custody
Partial Physical Custody
Supervised Physical Custody
Under some circumstances, grandparents can be awarded primary physical custody if they have acted in the place of the parent or if the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity ; or if the child has for a period of 12 consecutive months resided with the grandparents, excluding brief temporary absences of the child from the home and is removed from the home by the parents, in which case the action must be filed within six months after the removal of the child from the home.
When grandparents are awarded Partial Physical Custody, they are allowed to take their grandchildren for various periods of time.
Grandparents must demonstrate that their custody requests are in the best interests of the minor grandchild or grandchildren.
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