I will soon introduce legislation that clarifies the custody rights of parents, grandparents and great-grandparents following the death of a child’s parent.

Under current statute, a single parent whose spouse is deceased may be subject to a court order granting partial physical custody to grandparents due solely to the death of the spouse. Even in a scenario where the single parent is fit, able, has no criminal record or substance use history, and has not denied access to the children, the grandparents of the children have standing for partial custody in Pennsylvania. While grandparents are frequently caring and reliable caretakers of children in situations where there is no able parent available, I do not believe that the intent of the current law is to remove parental discretion from a single parent who has survived their spouse and is capable of caring for their children.

Therefore, I intend to introduce legislation that clarifies the circumstances under which the parents or grandparents of the deceased parent (the child’s grandparents or great grandparents) may seek partial physical custody. This legislation would require courts to examine and consider additional factors including access to the child, prior periods of residence, and the child’s safety and well-being.

This legislation does not reverse any existing custody arrangements or court orders, nor does it eliminate opportunities for grandparents and great grandparents to pursue custody of a child.  Rather, it provides protections and standing for a living parent to maintain their parental rights and petition the court to modify or terminate an existing order.

Please join me in co-sponsoring this legislation.