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Third Party Custody refers to circumstances where someone other than a biological parent seeks custody of a child.

Standing requires that a person filing a court petition has a substantial, direct, and immediate interest in the subject matter of the litigation. In child custody matters, standing is considered with particular scrupulousness to ensure that actions are litigated by the appropriate parties, and to protect parents from the burden of litigating custody with non-parents, no matter how well-intentioned they may be.

The Pennsylvania Child Custody Act limits those who may seek standing in child custody matters to (1) biological parents; (2) persons who stand in loco parentis to the child;  (3) grandparents, but only under certain conditions; and (4) persons with a sustained, substantial and sincere interest in the welfare of the child, but only if neither biological parent has any form of care and control of the child.

Determining standing is a threshold issue which must be determined before proceeding to the main issue of who should have custody of a child in light of the child’s best interests. Even after standing is established, a presumption exists that custody will be awarded to a biological parent in custody matters between a biological parent and a third party. However, a third party may be awarded custody if the court is persuaded by clear and convincing evidence that awarding custody to the third party will serve the child’s best interest.

If you or someone you love needs representation in a third party custody action, contact Christina J. Corr, P.C. today at (610) 222-5959.