Q: My son is in jail is there any way I can get tempary custody for his rights to make dessicions

A: Legal custody is required to make major decisions, such as healthcare decisions, on behalf of the child. You can file for legal custody, but must establish standing to do so. Grandparents are provided standing in limited circumstances if it is determined to be in the best interests of the child. The statute provides standing to a grandparent who:

i.) Began the relationship with the child with the consent of a parent (or by court order);

ii.) Has assumed or is willing to assume responsibility for the child; and

iii.) One of the following conditions has been met:

a.)

A: Legal custody is required to make major decisions, such as healthcare decisions, on behalf of the child. You can file for legal custody, but must establish standing to do so. Grandparents are provided standing in limited circumstances if it is determined to be in the best interests of the child. The statute provides standing to a grandparent who:

i.) Began the relationship with the child with the consent of a parent (or by court order);

ii.) Has assumed or is willing to assume responsibility for the child; and

iii.) One of the following conditions has been met:

a.) The child has been determined to be a dependent child under the statutes relating to juvenile delinquency;

b.) The child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity; or

c.) The grandparent has taken on the role of parent for at least 12 months.

23 Pa. Cons. Stat. § 5324

Please feel free to visit my website for more information on grandparent standing in PA.

https://www.pafamilylawyers.com/Child-Custody/Custody-Jurisdiction-Standing.shtml

Lisa Marie Vari, Esquire

www.pafamilylawyers.com