In Pennsylvania, a step-parent, life partner, child caregiver, or caring relative may be able to ask the Court for visitation, partial custody, or even full custody of a child. This can take place with the agreement of the natural parent(s) or, under certain circumstances, against the wishes of the natural parent(s). The court looks to whether it's in the child's best interest to have an ongoing relationship with the non-parent.
In order to ask the court for custodial privileges, the non-parent has to demonstrate to the court that they have acted in a parental capacity in the life of the minor child and they have performed these parental duties with the direct or tacit approval of the natural parent. There is no strict rule for what qualifies as acting in a parental capacity, but the court will look to length of time, independence of parenting function, level of parenting involvement, and the emotional identity of the child to the non-parent as a parenting figure in their life.
In Pennsylvania, custodial rights have been successfully obtained by step-parents, gay partners, aunts, uncles, grandparents, family friends, roommates, etc.
We specialize in this area of custody law. If you would like to discuss the details of your situation, please call for an immediate, private consultation.
