Can Grandparents Get Custody if the Parent is Incarcerated

My question involves a child custody case from the State of: Pa.
Ex son in law may be incarcerated, my daughter is deceased. I have visitation, if he's incarcerated can I get my grandsons fulltime? His girlfriend wants to keep he boys, they get a ssi check. What are my rights? I want custody of them if father is incarcerated. His girlfriend abusive to kids. Please help!

Who has appointed legal custody from dad?

As long as dad's parental rights are intact, dad is allowed to select a guardian for his children. You are free to ask him to consider you.

Should protective services become involved, you can inquire about your eligibility for an in-family placement.

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Quoting Mr. Knowitall

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As long as dad's parental rights are intact, dad is allowed to select a guardian for his children. You are free to ask him to consider you.

Should protective services become involved, you can inquire about your eligibility for an in-family placement.

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This time you honestly are not correct.

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Physical and legal custody. – A grandparent has standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, the court may award physical and legal custody to the grandparent. This section of the law applies to a grandparent:

1.who has genuine care and concern for the child;


2.whose relationship with the child began with the consent of a parent of the child or pursuant to an order of court; and


3.who for 12 months has assumed the role and responsibilities of the child’s parent, providing for the physical, emotional and social needs of the child, or who assumes the responsibility of a child who has been determined to be a dependent child pursuant to 42 Pa.C.S. Chapter 63 (relating to juvenile matters) or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or mental illness. The court may issue a temporary order.

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The children are unable to be in dad's custody for the period of time that he will be incarcerated. Therefore the grandparents have standing under PA law to file for custody. As they already have visitation (which in many cases in PA is termed as partial custody) its quite likely that a judge would grant temporary custody to the grandparents.

How long will dad be incarcerated? That may be key.

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Quoting SESmama

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How long will dad be incarcerated? That may be key.

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Very true. If its a very short incarceration the grandparents filing for custody might be moot unless they could convince a judge to make an emergency ruling.