Family structures have changed dramatically in recent years. In fact, only 3 out of 10 children live in traditional families with two parents in their first or only marriage. More children than ever before live in single-parent households, step-parent families, foster families, and are raised by grandparents. These changing family structures have greatly impacted child visitation options. As grandparents play an increasing role in the lives of their grandchildren, many incorrectly believe they are entitled to certain visitation rights. However, this is not always the case.

If a decision is made by both parents to deny grandparent visitation rights, the court is generally inclined to honor their wishes. However, there are some particular circumstances when grandparents can request visitation. Pennsylvania law states that, in addition to situations set forth in section 5324 (relating to standing for any form of physical custody or legal custody), grandparents and great-grandparents may file an action under this chapter for partial physical custody or supervised physical custody in the following situations:

(1) where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section;