Yesterday's blog pertained to the 2015 landmark PA case of Ponko v. Ponko, and the effect it had on Pa. 23 § 5325(2), the statute governing grandparent standing in PA. You can find Part I here if you missed it.
In Pennsylvania, Grandparents are provided standing in limited circumstances if it is determined to be in the best interests of the child. 23 Pa. C.S.A. § 5325 provides grandparents standing for partial physical custody or supervised physical custody in the following situations:
Courts in Pennsylvania are most concerned with the best interests of the child anytime they are considering custody. This 'best interests' standard also applies in those cases where a grandparent is attempting to gain some kind of custody of their grandchildren.
To participate in custody or dependency proceedings in Allegheny County, Pennsylvania, one must have what is known as standing. Standing is the term used to acknowledge a legal basis and right for an individual or individuals to sue in a court of law. For example, a biological mother always has standing to sue a biological father for custody. Her legal basis and right comes from her standing as a parent.