How would I file for guardianship of my grandson who I have helped raise?

Full question:

My grandson who is 5 years old lived with us until he was 3 1/2 yrs. old. After my daughter moved out we continued to have him 3 days a week while she was at work. When he was 3 1/2 the father pursued visitation. Yesterday they took him from his mother. The father accused her of smoking marijuana. She claims her lawyer did not inform her that she was required to take a urine test at the hospital. The father lives in a different school district so a 5 year old child has had his life turned upside down. My grandson who is used to seeing his grandparents 3-4 times a week has been torn from us, his mother, and the school where he's been attending. Do I have any chance of filing and gaining physical custody through the week(when his mother had him) so that his life is not so terribly disrupted? And if so what steps do we take?

• Category: Divorce
• Subcategory: Grandparents Visitation
• Date: 04/07/2025
• State: Pennsylvania

Answer:

The court may appoint a guardian or coguardians for an unmarried minor typically when:

(a) All parental rights of custody have been terminated or
suspended by circumstance or prior court order;

(b) Each living parent whose parental rights and
responsibilities have not been terminated or the person who
is the legal custodian of the unmarried minor consents to
the guardianship and the court finds that the consent
creates a condition that is in the best interest of the
child;

(c) The person or persons whose consent is required under
subsection (b) do not consent, but the court finds by clear
and convincing evidence that the person or persons have
failed to respond to proper notice or a living situation
has been created that is at least temporarily intolerable
for the child even though the living situation does not
rise to the level of jeopardy required for the final
termination of parental rights, and that the proposed
guardian will provide a living situation that is in the
best interest of the child; or

(d) The person or persons whose consent is required under
subsection (b) do not consent, but the court finds by a
preponderance of the evidence that there is a de facto
guardian and a demonstrated lack of consistent
participation by the nonconsenting parent or legal
custodian of the unmarried minor. The court may appoint the
de facto guardian as guardian if the appointment is in the
best interest of the child.

A majority of all domestic adoptions are by relatives and stepparents. Sometimes a relative informally assumes custody of the child without involving child protective services. Many times, however, relatives receive custody of the child because child protective services and the court have removed the child from the birth parent's home because of abuse or neglect allegations.

A majority of all domestic adoptions are by relatives and stepparents. Sometimes a relative informally assumes custody of the child without involving child protective services. Many times, however, relatives receive custody of the child because child protective services and the court have removed the child from the birth parent's home because of abuse or neglect allegations.

A relative may petition the probate court for guardianship of a minor. A guardian is responsible for the care and management of the child. Standby guardianships are available as well as limited guardianships (specific limited powers). A standby guardianship allows terminally ill parents to designate a guardian to assume the day-to-day care of a child without terminating the parent's rights. The standby guardianship is triggered by a specific event such as death, mental incapacity, or physical debilitation of the parent.

I suggest you contact a local attorney who can review all the facts and documents involved.