When parent deceased.
If a parent of an unmarried child is deceased, the parents or grandparents
of the deceased parent may be granted reasonable partial custody or visitation
rights, or both, to the unmarried child by the court upon a finding that
partial custody or visitation rights, or both, would be in the best interest
of the child and would not interfere with the parent-child relationship.
The court shall consider the amount of personal contact between the parents
or grandparents of the deceased parent and the child prior to the application.
Title 23, Part V, Chap. 53, SubChap. A, § 5311
When parents' marriage is dissolved or parents are separated.
In all proceedings for dissolution, subsequent to the commencement
of the proceeding and continuing thereafter or when parents have been separated
for six months or more, the court may, upon application of the parent or
grandparent of a party, grant reasonable partial custody or visitation
rights, or both, to the unmarried child if it finds that visitation rights
or partial custody, or both, would be in the best interest of the child
and would not interfere with the parent-child relationship. The court shall
consider the amount of personal contact between the parents or grandparents
of the party and the child prior to the application.
Title 23, Part V, Chap. 53, SubChap. A, § 5312
When child has resided with grandparents.
If an unmarried child has resided with his grandparents or great-grandparents
for a period of 12 months or more and is subsequently removed from the
home by his parents, the grandparents or great-grandparents may petition
the court for an order granting them reasonable partial custody or visitation
rights, or both, to the child. The court shall grant the petition if it
finds that visitation rights would be in the best interest of the child
and would not interfere with the parent-child relationship.
Title 23, Part V, Chap. 53, SubChap. A, § 5313
Exception for adopted children.
Sections 5311 (relating to when parent deceased), 5312 (relating
to when parents' marriage is dissolved or parents are separated) and 5313
(relating to when child has resided with grandparents) shall not apply
if the child has been adopted by a person other than a stepparent or grandparent.
Any visitation rights granted pursuant to this section prior to the adoption
of the child shall be automatically terminated upon such adoption.
Title 23, Part V, Chap. 53, SubChap. A, § 5314
