Grandparent Visitation Petition

COMPLAINT FOR PARTIAL PHYSICAL CUSTODY (GRANDPARENT VISITATION)

(Pennsylvania — 23 Pa.C.S. § 5325)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s) / Great-Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this custody action under the Pennsylvania Child Custody Act, 23 Pa.C.S. §§ 5321 et seq.

2.2 UCCJEA home state. Pennsylvania is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. §§ 5401 et seq., because:

☐ The child has lived in Pennsylvania with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Complaint; or

☐ Pennsylvania was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this Commonwealth; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — 23 Pa.C.S. § 5325

3.1 Petitioner has standing to seek partial physical custody or supervised physical custody of the minor child under 23 Pa.C.S. § 5325 because one of the following grounds exists (check the applicable ground):

☐ § 5325(1) — Deceased parent. A parent of the child is deceased, and Petitioner is a parent or grandparent of that deceased parent. Date of death: [__/__/____].

☐ § 5325(2) — Custody proceeding with parental disagreement. Petitioner's relationship with the child began either with the consent of a parent of the child or under a court order, and the parents of the child (a) have commenced a proceeding for custody, and (b) do not agree as to whether Petitioner should have custody under this section. Custody proceeding: [____________].

☐ § 5325(3) — 12-month residence then removal. The child has, for a period of at least twelve (12) consecutive months (excluding brief temporary absences), resided with Petitioner and was then removed from the home by the parents. The child was removed on [__/__/____], and this action is filed within six (6) months after removal.

3.2 Supporting facts for the ground checked above:

[____________________________________________________________]

3.3 IMPORTANT — Unconstitutional ground not relied upon. Petitioner does not rely on parental separation as a basis for standing. The former § 5325(2) ground granting grandparents standing merely "where the parents of the child have been separated for a period of at least six months" was held UNCONSTITUTIONAL in D.P. v. G.J.P., 636 Pa. 574, 146 A.3d 204 (2016). Standing in this action rests solely on a currently valid ground in § 5325(1), (2), or (3).

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Complaint. Custodial time or contact has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel; Hiller v. Fausey). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding custodial time with a grandparent is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000); Hiller v. Fausey, 588 Pa. 342, 904 A.2d 875 (2006).

5.2 Standing limits are constitutionally grounded (D.P. v. G.J.P.). Petitioner acknowledges that grandparent standing in Pennsylvania is constrained by the parents' due-process rights, and that the Pennsylvania Supreme Court struck the former "six-month separation" standing ground in D.P. v. G.J.P., 636 Pa. 574, 146 A.3d 204 (2016).

5.3 Best-interest standard. An award of partial physical custody or supervised physical custody to a grandparent may be entered only if the Court determines, after weighing the factors in 23 Pa.C.S. § 5328(a) and the grandparent-specific factors in § 5328(c), that the award is in the best interest of the child.

5.4 Petitioner alleges the following facts supporting an award consistent with the child's best interest and the special weight due the parent's decision:

[____________________________________________________________]

VI. BEST-INTEREST FACTORS

6.1 Grandparent-specific factors — § 5328(c)(1). In ordering partial physical custody or supervised physical custody to a party with standing under § 5325, the Court must consider:

☐ (i) The amount of personal contact between the child and Petitioner prior to the filing of the action.

☐ (ii) Whether the award interferes with any parent-child relationship.

☐ (iii) Whether the award is in the best interest of the child.

6.2 General custody factors — § 5328(a). Petitioner further alleges that the following relevant factors support the requested award (check all that apply):

☐ Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.

☐ The present and past abuse committed by a party or household member, and which party can better provide for the safety of the child.

☐ The parental duties performed by each party on behalf of the child.

☐ The need for stability and continuity in the child's education, family life, and community life.

☐ The availability of extended family.

☐ The child's sibling relationships.

☐ The well-reasoned preference of the child, based on the child's maturity and judgment.

☐ The level of conflict between the parties and the willingness and ability of the parties to cooperate.

☐ The mental and physical condition of a party or household member.

☐ Any other relevant factor.

6.3 Supporting facts:

[____________________________________________________________]

6.4 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED PARTIAL-CUSTODY (VISITATION) SCHEDULE

7.1 Regular partial physical custody. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Supervision (if requested). ☐ Supervised physical custody requested. Proposed supervisor / setting: [____________]

7.4 Transportation / exchange. [____________]

7.5 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under a currently valid ground of 23 Pa.C.S. § 5325(1), (2), or (3), as set forth in Section III;

B. Determine, after weighing the factors in 23 Pa.C.S. § 5328(a) and (c) and affording special weight to the parents' decision, that an award of partial physical custody or supervised physical custody to Petitioner is in the best interest of the minor child;

C. Enter an order awarding Petitioner partial physical custody (or supervised physical custody) of the minor child pursuant to the schedule in Section VII, or as the Court deems just;

D. Award counsel fees, costs, and expenses as the Court deems appropriate under 23 Pa.C.S. § 5339; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

I, [PETITIONER NAME], verify that I am the Petitioner in this action; that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and that this verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________________________
[PETITIONER NAME], Petitioner

Date: [__/__/____]

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Pa. I.D. No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO DEFEND AND CLAIM RIGHTS

NOTICE TO RESPONDENT(S): You have been sued in court to obtain partial physical custody (grandparent visitation) of the child named in this Complaint. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and an order may be entered against you by the court without further notice for the relief requested by Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If you do not have a lawyer, go to or telephone the office set forth below to find out where you can get legal help. [LAWYER REFERRAL SERVICE — ADDRESS / PHONE: ____________]

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Complaint (and accompanying UCCJEA affidavit, verification, and required disclosures) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ sheriff ☐ other [____________], at the address(es) listed above, as permitted by the Pennsylvania Rules of Civil Procedure.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• 23 Pa.C.S. § 5325 — standing for partial physical custody and supervised physical custody for grandparents and great-grandparents: (1) deceased parent; (2) relationship began with parental consent or court order and parents have commenced a custody proceeding and disagree as to grandparent custody; (3) child resided with the grandparent for 12 consecutive months and was removed by the parents (suit within 6 months).
• 23 Pa.C.S. § 5328(a) and (c) — factors to consider when awarding custody; § 5328(c) lists the grandparent-specific factors (prior personal contact; interference with the parent-child relationship; best interest).
• 23 Pa.C.S. §§ 5324, 5326, 5327 — related standing, effect of adoption, and presumption favoring a parent over a third party in primary-custody disputes (rebuttable by clear and convincing evidence).
• D.P. v. G.J.P., 636 Pa. 574, 146 A.3d 204 (2016) — held the former § 5325(2) "separated for at least six months" standing ground UNCONSTITUTIONAL under the Fourteenth Amendment; do not rely on parental separation for standing.
• Hiller v. Fausey, 588 Pa. 342, 904 A.2d 875 (2006) — upheld the deceased-parent grandparent statute as narrowly tailored; a fit parent's decision receives special weight.
• Troxel v. Granville, 530 U.S. 57 (2000) — a fit parent's decision is entitled to special weight.
• 23 Pa.C.S. §§ 5401 et seq. — UCCJEA; § 5429 (affidavit). §§ 5329, 5329.1 — criminal-record and child-abuse disclosures.

This Complaint is a preparation aid only. Pennsylvania grandparent standing is limited and constitutionally sensitive: the "six-month separation" ground was struck in D.P. v. G.J.P. (2016), so rely only on a deceased parent (§ 5325(1)), a consent/court-order relationship with a pending custody proceeding in which the parents disagree (§ 5325(2)), or the 12-month-residence-then-removal ground (§ 5325(3)). Consult a licensed Pennsylvania family law attorney before filing.